208 Cal. App. 4th 133
Cal. Ct. App.2012Background
- M.G. and L.M., a same‑sex couple, raised M.G.’s child with L.M. living in the home from 1998 to 2003.
- M.G. adopted the Child in October 2001 by court decree; L.M. attended the adoption hearing.
- After the relationship ended in 2003, the Child primarily resided with M.G. but spent regular time with L.M., who viewed herself as the Child’s second mother.
- In 2010, L.M. filed a petition under the Uniform Parentage Act to establish a parental relationship, seeking custody, visitation, and relocation determinations.
- The trial court found L.M. had a presumption of parentage under §7611(d) by receiving the Child into her home and openly holding him out as her own, and awarded joint custody with M.G.
- M.G. appealed, arguing the single‑parent adoption decree bars L.M. from any second‑parent status and that the adoption decree constitutes a judgment establishing paternity by another man under §7612
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a single‑parent adoption decree can rebut a second‑parent presumption | M.G. argues §7612(c) makes the adoption a judgment establishing paternity by another man | LM contends the adoption decree does not preclude a second‑parent determination | No; adoption decree does not preclude second‑parent status under UPA |
| Whether §7612(b) requires weighing competing parentage claims | M.G. asserts there are conflicting claims needing weighing against LM’s presumption | LM’s presumption and M.G.’s claim are not conflicting because two mothers may exist | No weighing needed; no conflict requiring §7612(b) analysis |
| Whether pursuing parentage under the UPA is an appropriate action to rebut §7611(d) presumption | M.G. claims adoption creates an appropriate rebuttal action | LM relies on policy favoring two parents; rebuttal not appropriate here | Not an appropriate action to rebut the presumption given two‑parent policy |
Key Cases Cited
- Elisa B. v. Superior Court, 37 Cal.4th 108 (Cal. 2005) (presumed second mother when received into home and held out as natural child; two‑parent policy)
- Charisma R. v. Kristina S., 175 Cal.App.4th 361 (Cal. App. 2009) (affirms presumption for lesbian partner as parent; limits rebuttal)
- S.Y. v. S.B., 201 Cal.App.4th 1023 (Cal. App. 2011) (child raised by lesbian couple; reaffirmed two‑parent approach)
- In re Jesusa V., 32 Cal.4th 588 (Cal. 2004) (noting when rebutting presumption is inappropriate)
- K.M. v. E.G., 37 Cal.4th 130 (Cal. 2005) (egg donor/gestational mother cases; parental rights considerations)
- Kristine H. v. Lisa R., 37 Cal.4th 156 (Cal. 2005) (parentage judgments affecting lesbian partner)
- In re P.A., 198 Cal.App.4th 974 (Cal. App. 2011) (discusses rebuttal of paternity presumption)
- Levi H. v. Nguyen, 197 Cal.App.4th 1279 (Cal. App. 2011) (discusses adoption vs. paternity implications)