Court sets criteria for parental rights of separated gay partners

[racaulk]

A lesbian suing for parental rights over a daughter she had with a former partner is entitled to those rights if she meets several criteria for determining legal motherhood, a state appeals court ruled.

The woman must have been integral in planning the conception, raising the child, treating the child as her own and accepting the responsibilities of parenthood, the Court of Appeals panel in San Francisco decided Friday in a 3-0 ruling.

State law prefers for a child to be raised by two parents, and the child and parent are entitled to a relationship even if the parents are separated, said Justice Linda Gemello.

"Once you have that child together and you bring that baby home, you are both parents," said Shannon Minter, a lawyer for the plaintiff.

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