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  • The Kansas Supreme Court issued the following published decisions November, 6, 2020

The Kansas Supreme Court issued the following published decisions November, 6, 2020

06 Nov 2020 2:17 PM | Amanda Kohlman (Administrator)

Appeal No. 117,301: In the matter of the Parentage of M.F. 

Archived oral argument video

The Kansas Supreme Court reversed a Butler County District Court decision to deny a petition to establish parentage filed by the former same-sex partner of a biological mother who conceived through artificial insemination. At the time of conception, throughout the pregnancy, and at the time of the birth of the child, the women were involved in a romantic relationship. The relationship ended after the birth. The Supreme Court decided on a 6-1 vote that the Kansas Parentage Act allowed the partner of the biological mother to establish a presumption of parentage, even though she never entered into a written or oral coparenting agreement with the biological mother. In order to obtain ultimate court recognition of the partner’s parentage, evidence must be presented that the biological mother consented at the time of the birth to share her due process right to care, custody, and control of the child. The Supreme Court returned the case to the district court for further proceedings governed by the legal standards set forth in today's opinion.

Appeal No. 117,496: State of Kansas v. Brian Josh Lutz

Summary calendar; no oral argument

The Kansas Supreme Court affirmed the judgment of the Court of Appeals and the decision of Shawnee County District Court to deny Lutz's motion to suppress evidence. Lutz argued the officers involved in his traffic stop detained occupants of the vehicle longer than lawfully permitted to accommodate a planned drug dog investigation of the vehicle. The Supreme Court held the actions of the officers here, including calling for a drug dog, did not measurably extend the duration of the traffic stop beyond the time necessary to achieve the stop's basic objective of processing the observed traffic violation. As such, the district court did not err in denying the motion to suppress. 

Appeal No. 119,536: In the Matter of the Parentage of W.L. and G.L.

Archived oral argument video

The Kansas Supreme Court reversed a Crawford County District Court decision to deny a petition to establish parentage filed by the former same-sex partner of a biological mother who conceived through artificial insemination. At the time of conception, throughout the pregnancy, and at the time of the birth of the child, the women were involved in a romantic relationship. The relationship ended after the birth. The Supreme Court decided on a 6-1 vote that the Kansas Parentage Act allowed the partner of the biological mother to establish a presumption of parentage, even though she never entered into a written or oral coparenting agreement with the biological mother. In order to obtain ultimate court recognition of the partner’s parentage, evidence must be presented that the biological mother consented at the time of the birth to share her due process right to care, custody, and control of the child. The Supreme Court returned the case to the district court for further proceedings governed by the legal standards set forth in today's opinion.


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