Family Law

Custody Battle Centers on Artificial Insemination

By ckramer

A recent child custody dispute among a lesbian couple in Santa Cruz, Calif., is delving into the issues of gay and lesbian rights versus the rights of the biological parents.

The San Jose Mercury News reported that estranged couple Maggie Quale and Kim Smith had a two year relationship in which they parented twin boys. Smith and Quale were never formally married.

Smith said they never legally got married because she and Quale were having issues within their relationship during the brief time gay marriage was legal in California.

Quale is the biological mother who birthed the twins by insemination. The couple met the sperm donor, Shawn Wallace, through a mutual friend, and paid him $500 plus traveling expenses. There was never any written agreement among the three pertaining to custody rights to the children.

When the twins were born, both Quale and Smith were listed as the parents on the birth certificate. The children have both of women’s last names hyphenated as Smith-Quale.

Smith also said that the twins’ birth was covered by her medical insurance that she received from her work at University of Santa Cruz.
After the couple split, Smith filed a civil lawsuit in which a Santa Cruz judge granted temporary child custody. This allowed Smith to spend time with the twins three times a week.

Shortly after Quale and Smith ended their relationship, Quale became romantically involved with Wallace. Now the biological parents are requesting full child custody and request that Smith has no visitation rights.

Quale and Wallace said they were put in a bad position with the lawsuit. They are trying to protect their rights as parents and also show their support for the gay and lesbian communities.

Smith’s attorney, Deborah Wald, said this case is different from most child custody cases because after the women broke up Quale became involved with the sperm donor and biological father.

The National Center for Lesbian Rights has also joined Smith’s case to protect what they say is Smith’s inherent right to be a parent.

The custody hearing is set for January 29.

Full post as published by The Divorce Blog on January 23, 2010 (boomark / email).