NM Lesbian Mother's Dispute Over Parentage
Bani Chatterjee and Taya King were a lesbian couple. During their relationship King adopted a child from Russia. Though legally King alone adopted the child, the adoption was in reality a joint project of the women who wanted to raise a child together.
King and Chatterjee lived together and co-parented for a number of years before their relationship deteriorated. At that point, King moved to Colorado and tried to prevent Chatterjee from having any contact with the child.
Chatterjee says that she had treated the child as hers since the moment she and King returned to New Mexico from Russia and that she should be able to establish a parent and child relationship under a "hold out provision" of NM law -- a man is presumed to the the natural father of a child if ... he openly holds out the child as his natural child and has established a personal, financial or custodial relationship with the child.
Should Chatterjee, as a women, be able to establish a natural parent and child relationship under the same section?
Some feel that the Uniform Parentage Act was clearly indented to have broad applications. The decision moved back and forth between courts.
Others say that because she is neither the adoptive parent nor the biological parent, she has no right to a parenting relationship.
Last edited by Jules; 06-02-2012 at 12:59 PM.
I think that unless she is proven to be harmful to the child she should have parental rights. I am surprised that she didnt adopt the child once they returned home, wonder if there is a reason behind that?
Molly, Morgan, Mia and Carson
I agree with the above; she should have parental rights to the child unless proven that she is unfit as a parent. They both went into the adoption as parents, although only legally one is listed. And they both raised the child until their relationship ended.
I think she should have the same rights as any heterosexual couple.
This example is one reason why we should have a federal same sex marriage law...some states don't allow same sex couples to adopt (not sure about NM.)
DD 8.03, DD 6.05, DS 3.07, DD 5.09, and DS arrived 6.17.12
I am not familiar with NM family law... when you say a man is presumed, are they married or common law married to have this presumption for custody or is this open for any unmarried couple that have non-mutual children living under their roof?
DD Twins: 8/4/09 @ 35 Wks - No NICU, woot!