K. v. N.

No. 396 MDA 2002 (Pa. Super. Ct. Cumberland County Dec. 17, 2002) ; Clearinghouse Number: 55114

Description

Former Domestic Partner Must Pay Child Support to Biological Mother of Their Children Conceived Through Artificial Insemination

Abstract

A Pennsylvania appellate court, applying equitable principles, held that a former domestic partner must pay child support to the biological mother of five children conceived through artificial insemination and born during their long-term lesbian relationship. When appellant partner and appellee biological mother separated, mother moved to California with their children. After partner sought custody, mother sought child support. Partner alleged that mother had no legal cause of action against her for child support without an order granting her legal custody or in loco parentis status. Meanwhile, the trial court granted each party legal custody of the children and granted partner partial physical custody. Finding that partner’s conduct estopped her from claiming that she was not liable for support, the trial court ordered her to pay child support, some unreimbursed medical expenses, and arrearages to mother. On appeal, partner claimed that she should not be required to pay support because she was not the biological or adoptive parent. Reviewing the case as one of first impression, the appellate court ruled that, in the absence of legislative mandates, equity mandated that partner not maintain the status of in loco parentis to pursue an action as to the children or allege that she acquired rights in relation to them and at the same time deny any obligation for support merely for lack of an agreement to do so. To protect the children’s best interest, both parties were to be responsible for the children’s emotional and financial needs, although statutory law did not create a legal relationship. Affirming the trial court, the appellate court also held that, where a duty of support was based on equitable rather than legal grounds, the child support guidelines still determined the support amount.

Additional Information

Attorney Information
Appellee represented by: Tiffany L. Palmer, Center for Lesbian and Gay Civil Rights, 1211 Chestnut Street, Suite 605, Philadelphia, PA 19107(215.731.1447x12)
Docket Date
2002-12-17 00:00:00+00:00

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