General legal information furnished as a service of Fort Lauderdale / West Palm Beach family law attorney Janet Langjahr
The US Supreme Court has passed on reviewing a Washington state supreme court ruling permitting a lesbian to seek parental rights to the child she raised for five years together with her former partner.
The theory advanced by the gay woman is that she was a de facto parent (that is, in actual fact, acting as a parent).
The high Court’s non-action leaves gay parental rights up to the individual states - and up in the air - at least for now.
Political / activist groups on both sides of the issue were disappointed by the Supreme Court’s decision to stay “hands-off” this question rather than provide legal guidance - especially since the issue is cropping up in more and more cases.
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