Schneller v. Platt

Lori and Heather, a same-sex couple, conceived a child ("J.L.") through artificial insemination and co-parented together as a family for eight years. J.L. recognized Lori as her "momma" or "Momma Lori." For the first eight years of J.L.'s life, Lori was a parent to her in every respect. By Heather's own admission, Lori provided "food, clothing, and shelter" for J.L. and "supplied all the financial stability" for the entire family. Moreover, her contributions to J.L.'s wellbeing were not limited to financial support: Lori was a full and active participant in J.L.'s emotional, social, and intellectual development. The couple separated; Heather left the home they had shared, and took J.L. with her. In the initial months following their separation, Lori and Heather adhered to a regular visitation schedule for J.L. This arrangement seemed workable for seven months, until Heather suddenly denied Lori any further contact with their daughter. Since that time, Lori has neither seen nor spoken with J.L. Lori, as the non-biological parent, petitioned for shared legal custody and physical visitation under the doctrine of in loco parentis. Heather, as the biological mother, objected, asserting that the couple's genetic donor, who had never sought any determination of his own parental rights, was a necessary party to the proceedings. Agreeing that the donor's consent was a necessary requirement, the trial court dismissed Lori's petition for lack of standing. Lori appealed, and the Court of Civil Appeals affirmed the trial court's dismissal for lack of standing. The Oklahoma Supreme Court granted certiorari to clarify the legal rights of non-biological co-parents in same-sex relationships, and reversed. "Lori did not act in the place of a parent; she is a parent. The record in this case cannot reasonably be read otherwise. Lori has emphatically demonstrated standing to seek a determination of visitation and custody of J.L. under the Ramey test. Consistent with the best interests of children in similar scenarios, we hold that non-biological same-sex parents may attain complete parity with biological parents." View "Schneller v. Platt" on Justia Law