Advocacy for Nebraska Children with Gay and Lesbian Parents: A Call for the Best Interests of the Child to be Paramount in the Case of Non-Biological, Non-Adoptive Parents
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Authors
Tiritilli, Angela Dunne
Koenig, Susan Ann
Issue Date
2003
Volume
36
Issue
Type
Journal Article
Language
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Alternative Title
Abstract
INTRODUCTION|With increasing frequency, family law practitioners in Nebraska are being called upon to represent gays and lesbians who are neither the biological nor adoptive parent of children with whom they have established parental relationships. The Nebraska Child Custody Jurisdiction Act (hereinafter referred to as the "NCCJA") provides the statutory basis for the rights of these children to have these relationships protected through the custody proceedings under the Act. Through the application of the equitable doctrine of in loco parentis, courts can provide security for these children. This ensures that the best interests of the child are treated as paramount. Gays and lesbians who have parented children to whom they have neither given birth nor adopted may seek representation after the end of a relationship or upon the death or disability of a partner. As in all cases involving parents, the nature of the relationship to the child can vary. In some situations the client may have been involved from the very decision of her partner to be artificially inseminated for the purposes of parenting a child from birth. In other cases, the couple may...
Description
Citation
36 Creighton L. Rev. 3 (2002-2003)
Publisher
Creighton University School of Law