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.