L.F. v. Breit

Child was conceived in vitro using Father's sperm and Mother's egg. After Child was born, Father voluntarily signed an acknowledgment of paternity jointly with Mother pursuant to Va. Code 20-49.1(B)(2). The couple later separated, and Father filed a petition to determine parentage and establish custody and visitation, arguing that the acknowledgment of paternity created a final and binding parent-child legal status between Father and Child. Mother filed pleas in bar asserting that Father was barred from being Child's legal parent because he and Mother were never married and Child was conceived through assisted conception. The circuit court sustained the pleas in bar and dismissed the remainder of Father's petition seeking custody and visitation. The court of appeals reversed. The Supreme Court affirmed, holding (1) the assisted conception statute does not operate to divest individuals of the ability to establish parentage solely due to marital status under the circumstances presented in this case; (2) the assisted conception statute does not violate equal protection but, if not harmonized with another statute to allow unmarried fathers parentage of their children, would violate constitutional rights to due process; and (3) acknowledgments of paternity executed pursuant to section 20-49.1(B)(2) are enforceable. View "L.F. v. Breit" on Justia Law