In re T.P.S.
2012 IL App (5th) 120176
Ill. App. Ct.2012Background
- Cathy and Dee, an unmarried couple, agreed to have two children via artificial insemination and to raise them as coequal parents.
- Cathy actively participated in all steps of planning and insemination, attended prenatal care, and helped raise the children.
- After birth, Cathy and Dee sought joint coguardianship; GALs supported this arrangement and circuits granted coguardianship.
- In 2009 the relationship ended; Dee moved out and has since limited Cathy’s contact with the children.
- Cathy filed January 5, 2012, seeking parentage, custody, visitation, and child support; Dee moved to dismiss for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether common law actions exist for custody by a nonparent | Cathy, under M.J., may plead common law parental rights. | Nonparents lack standing under statutory schemes; dismissal proper. | Common law custody/promissory estoppel claims viable; remand for evidentiary hearing. |
| Whether Illinois public policy supports recognizing nonbiological parental rights | Public policy protects the child's right to support from two parents. | Public policy is not implicated; statutory framework controls. | Public policy supports recognizing nonbiological parental rights when assisted reproduction is involved. |
| Whether the Illinois Parentage Act precludes common law claims for custody | Act does not expressly bar common law custody rights for assisted reproduction. | Act preempts nonstatutory claims, limiting standing. | Act does not preclude common law custody rights; framework follows M.J.; common law claims viable. |
Key Cases Cited
- In re Parentage of M.J., 203 Ill.2d 526 (2003) (public policy and consent-based parental responsibility in assisted reproduction)
- In re Visitation With C.B.L., 309 Ill.App.3d 888 (1999) (legislature may supersede common law visitation via Dissolution Act)
- In re Marriage of Simmons, 355 Ill.App.3d 942 (2005) (counsel on standing exclusive to statutory provisions; cautions against broad common law claims)
- In re Parentage of Scarlett Z.-D., 2012 IL App (2d) 120266 (2012) (distinguishes assisted reproduction from adoption ownership in standing issues)
- In re Mancine, 2012 IL App (1st) 111138 (2012) (nonbiological parent standing limited by Dissolution Act considerations)
- In re M.M.D., 213 Ill.2d 105 (2004) (consent decrees as contracts; public policy favors private agreements unless contrary)
- In re Purcell, 355 Ill.App.3d 851 (2005) (consent decree enforceable; contractual basis for visitation rights)