The state supreme court ruled Friday that a lesbian mother in a long-term relationship who is not the biological mother of her children has the same rights as the biological mother. The Kansas City Star reports:
“This is significant both in Kansas and nationally,” said Catherine Sakimura of the National Center for Lesbian Rights. “It recognizes the rights of those who hold themselves out as parents regardless of biology or gender.” Only a handful of other states have addressed the issue, she said.
Friday’s ruling involved the case of two Johnson County women, Kelly Goudschaal and Marci Frazier, whose long-term relationship deteriorated after they had become parents of two girls who are now 10 and 8. The children were conceived by artificial insemination and were carried by Goudschaal. The couple had signed a co-parenting agreement that stated Frazier’s “relationship with the children should be protected and promoted,” and that they intended “to jointly and equally share parental responsibility.”
The biological mother tried to use Kansas’s ban on same sex marriage to justify keeping the children from her ex-partner:
She contended that the courts had no authority to address issues of child custody, parenting time and support unless they were presented “in a divorce action involving two married persons, who would necessarily have to be a man and a woman in this state, or when considering a visitation request by a grandparent or stepparent.”
It really pisses me off when a member of the LGBT community uses a homophobic law against another to meet their own selfish ends.
Fortunately, in this case, the court saw through this ploy, and this mother can now see her children once again.