Judge: Non-bio mom in lesbian divorce is child’s legal parent

Posted on 14 Jan 2016 at 3:02pm
Lauren Poole

Lauren Poole

Virginia Beach, Va. Circuit Judge Steven Frucci has ruled in a lesbian divorce case there involving custody of a child that even though she contributed no DNA, the non-biological mom is a legal parent of the child to whom her now-former wife gave birth.

To rule otherwise, Frucci said, would make “every child born in a same-sex marriage a bastard, and I’m not about to do that,” according to The Virginian-Pilot.

Lauren Poole, 29, and Karen Poole, 31, both of Virginia Beach, were married in Maryland in August 2013, before same-sex marriage was legally recognized in Virginia. They used sperm donated by a male friend to impregnate Karen, using the at-home “turkey baster” method. Lauren, Karen and the sperm donor signed an agreement before the baby — a boy — was born that released the sperm donor from any responsibility and named Lauren as the child’s second parent.

The baby was born in July 2014, but six months later — as their relationship began to fail — Laurent moved out of the family’s home. She visited the baby several times a week until she and Karen got into an altercation, after which Karen took out a protective order against Lauren that prevented her from seeing the baby.

Lauren Poole then filed for divorce, leading to the just-settled battle in Frucci’s court.

Wanting children, they enlisted a male friend to act as a sperm donor, impregnating Karen Poole with an at-home artificial insemination technique commonly known as the “turkey baster” method, according to written arguments filed by both sides.

After the pregnancy was confirmed, the three signed an agreement to release the donor from parental responsibility and name Lauren Poole as the child’s second parent.

The baby – a boy – was born in July 2014 at Sentara Princess Anne Hospital.

Six months later, the couple’s marriage was unraveling and Lauren Poole moved out of the family’s home. For the next few months, she visited the baby several times a week until an altercation led Karen Poole to take out a protective order that stopped all contact.

Lauren Poole filed for divorce and a fight for custody began. As the battle over custody continues, Frucci says one question is definitely settled: From here on out, Lauren Pool will be treated as the legal parent of a legitimate child.

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