Arkansas Supreme Court grants visitation rights to non-biological co-mom

Posted on 23 Feb 2011 at 12:23pm
Justice Donald L. Corbin

In a 5-2 decision, the Arkansas Supreme Court ruled on Feb. 17 that a non-biological lesbian co-parent should be granted visitation rights.

In the case of Bethany v. Jones, the high court upheld the ruling of a lower court, even though Arkansas law forbids adoption by cohabiting same-sex couples. The decision was written by Associate Justice Donald L. Corbin.

The decision lists these as undisputed facts:

Bethany and Jones were same-sex partners from 2000 until 2008.

In 2003, the parties purchased a home together, with both of their names listed on the mortgage.

In 2004, the parties began to take steps toward having a family. A male friend of Jones’s agreed to donate sperm. Bethany agreed to carry the child because Jones was experiencing some health issues, including reproductive problems.

Through the process of artificial insemination, Bethany became pregnant, and the minor child was born in 2005.

After the child’s birth, Jones stayed home with the child and her parents became the child’s grandparents. Bethany has no relationship with her family so they were not involved in the child’s care.

In 2008, the couple split up. At that time, they shared custody. But Bethany began a relationship with another woman who is also raising a child and she wanted to end Jones’ involvement and denied her visitation rights.

Jones’ filed for breach of contract. Bethany charged her former partner had no standing.

The court found Jones’ claims similar to that of a step-parent and decided that since they had planned to raise the child together at the time of birth and Jones had provided care for the child until the break up, she did have visitation rights.

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