Idaho High Court: Unmarried Gay Partner Has No Custody Right
BOISE, Idaho (AP) — The Idaho Supreme Court has denied custody and visitation rights to a gay woman who raised a child with her former partner.
In the ruling handed down Wednesday, the unanimous court said that because Jane Doe's former partner is the one who was artificially inseminated and conceived the baby, and because the two women weren't married, Jane Doe has no parental right to the now-7-year-old child.
Jane Doe is an alias often used in custody cases to protect the identity of any children involved.
Cathy Sakimura, an attorney with the National Center for Lesbian Rights which represented Doe in the case, said the ruling was devastating to Doe and her child. She said it was out of step with the way most states are treating LGBT parents and their children.
The attorney representing the biological child's mother did not respond to a request for comment.