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LGBTQIA+ Issues and Relationship Discussion
Reply to "\Judge grants parentage rights to sperm donor/denies parentage to non-bio mom on birth cert"
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[quote=Anonymous][quote=Anonymous]I just read the opinion and I think it is problematic (based on my very quick read.) Here’s why. There were different routes for Williams to establish parentage: legal adoption or showing she was a “de facto” parent (ie acted like a parent). She deliberately chose not to do the legal adoption. The court clearly seemed to hold that choice against her in determining she was not a de facto parent, which does not seem right. The whole point of de facto is to have a different way to prove parentage when there is no legal adoption. Then the court completely skimmed over the evidence that Williams was a de facto parent, suggesting that 2 years may not be long enough. That’s not good - we all know how intense the bonding can be in the first 2 years. That’s when you truly become a parent! Ultimately wrt Williams (the non-bio “mother”)[b] I think the court really just believed that the child’s best interests were to not do so, likely based on the stable home the bio parents had established and William’s apparent abuse. But that is outcome-driven and not a legitimate application of the law. [/b] As for Vaughn (bio dad) I believe the decision is correct. [/quote] I think you're right. Absent an appeal, this would be an outlier decision by a 'special' judge in an Oklahoma County court that bent the law to meet the facts. I think the groups appealing are risking a far worse decision by an appellate court that will actually bind future judges where the facts aren't so bad for the non bio mom. [/quote]
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