An Illinois Appellate Court upheld the rights of non-biological parents who agree to the artificial insemination of their partner. Stating that every child has a right to support from their parents, the Court gave non-biological parents the right to seek custody and/or visitation.
Illinois law already provides that when a husband gives written consent to artificial insemination, the husband shall be treated as the natural father. (Illinois Parentage Act 750 ILCS 40/2). The new Court decision extends this right to lesbian or gay couples.
In http://www.state.il.us/court/opinions/AppellateCourt/2012/5thDistrict/5120176.pdf>In re T.P.S. and K.M.S</a>, Dee and Cathy agreed that they would have children through artificial insemination with Dee giving birth. Cathy did not try to adopt the couple’s children since the Williamson County Court would have likely rejected that request. Cathy quit her job and became the children’s primary caregiver. After the couple broke up, Dee kept the children away from Cathy. The lower court dismissed Cathy’s petition for parentage, custody, visitation and support without hearing evidence.
The Appeals Court overruled. Noting that recognizing parental responsibility serves the best interests of children and society, the Court examined whether children conceived by artificial insemination "are to be denied the physical, mental and emotional support of the non-biological parent who actively assisted in the decision and process of bringing them into the world." (In re T.P.S and K.M.S., p. 12.)
Because Illinois public policy requires courts to protect a child’s right to parental support, the Court held that Cathy’s custody petition should be heard.
The issue of child custody can be extremely tricky with many land mines along the way. If you have questions about child custody issues, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light to allow you to have time with your child(ren).
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
