Oregon Court of Appeals Expands Parental Rights for Same-Sex Couples

In this case, the parties were in a same-sex relationship for 10 years, during which they decided to have a family together. They engaged in artificial insemination that resulted in the birth of two children. After their separation, Respondent blocked her former partner’s parenting time with the children, and Petitioner sought relief from the court. Oregon law grants legal parentage by operation of law to the husband of a woman who gives birth to a child conceived by artificial insemination, so long as the husband consented to the procedure (ORS 109.243). Petitioner argued that the statute was unconstitutional as it did not extend the same privilege to the same-sex domestic partner of a woman who gives birth via artificial insemination. The Court of Appeals agreed, and ruled that the statute must be extended to same-sex couples where both parties consent to the artificial insemination.

Read Schineovich and Kemp: http://www.publications.ojd.state.or.us/A138013.htm