Interesting Child Custody Case out of Santa Cruz

A child custody case out of Santa Cruz, California is shedding light on what could be a major issue for gay and lesbian couples who have children together.

Kim T. Smith is suing her former partner, Maggie Quale, for joint custody of their twin boys. 

When Smith and Quale decided they wanted to raise children together, Quale was artificially inseminated with sperm provided by a sperm donor. But after Smith and Quale ended their relationship, Quale began dating Shawn Wallace, the sperm donor and biological father of Quale and Smith’s sons.

Quale is arguing that she and Wallace should be able to fully parent the children together.

Although Quale and Smith never registered as domestic partners, both of their names are listed as the parents on the boys’ birth certificates.

Smith’s attorney, Deborah Wald, says this case is one of the first of its kind, stating that she has never heard of a case in which the biological mother tried to sub in the biological father after a breakup from a lesbian partner. Wald also believes that if Smith loses her custody rights, the case could set a dangerous precedent for other lesbian couples who have used a sperm donor to have children.

However, Quale’s attorney, Darlene Kemp, maintains that this case has nothing to do with gay or lesbian rights, but rather that her client doesn’t think Smith “meets the criteria of a presumed parent.”

A hearing is scheduled for Jan. 29.