Texas Appeals Court Reverses Itself, Recognizes Non-biological Lesbian Mother as Parent

December 22, 2009

A Texas state appeals court this month recognized the parental status of the non-biological mother in a lesbian relationship. The ruling came reverses a previous one by the same court that said the non-biological mom had no parental rights because she was not married to the biological mother.

Before the ruling, the non-biological mother, who had split from her partner, wasn’t allowed to petition for custody or visitation rights to her ex-partner’s child. Now she’ll be able to.

Nancy Polikoff, a law professor at American University Washington, explained the court’s reasoning:

The court ruled that K.V. [the non-biological mother] was “a person, other than a foster parent, who has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition” and that therefore she could file her petition [for custody and visitation rights]. It referred to prior court decisions involving a stepmother and a grandmother who were able to maintain their actions.

Michelle O’Neil, the attorney for the non-biological parent, talked about the case earlier this month in the Dallas Voice. Michelle writes frequently about LGBT family law in Texas, so you should check out her blog if you’re particularly interested in that state’s issues.

The court’s reversal comes just after a lesbian won the mayor’s seat in Houston, giving Texas two recent steps forward in gay rights and legitimacy.

1 Michelle December 22, 2009 at 10:28 pm

Thanks for the post about my client’s case. We are very pleased with the court of appeals’ new opinion and look forward to having a trial once the (contined) appeals process is over. For my take on the case, see the post on my blog http://www.dallastxdivorce.com/articles/glbt-issues/
Michelle

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