Denying a child conceived by artificial insemination the opportunity to have two parents through a co‑parenting agreement does not comport with the constitutional mandate to provide substantive legal equality for all children regardless of the marital status of their parents. Co‑parenting agreement between biological mother and same sex partner was enforceable by the district court to the extent it was in the best interests of the children; agreement contained no element of immorality or illegality and did not violate public policy, but rather was for the advantage and welfare of the children in that it provided them with substantive legal equality, regardless of the marital status of their parents.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com