Two Mothers but No Dad

On Monday, August 22, 2005, the California Supreme Court released a series of cases holding that a child could legally have two mothers and no father.

In the words of the court, “We perceive no reason why both parents of a child cannot be women.”

The cases did not involve inheritance rights.  Instead, they dealt with issues such as child support after the break-up of a same-sex couple and whether two woman may be listed as the parents on a birth certificate.

These opinions set the stage for some mind-boggling intestate succession issues in the future.

Here are links to the opinions in these landmark cases:

• Elisa B. v. Superior Court of El Dorado County
• K.M. v. E.G.
• Kristine H. v. Lisa R.

See generally Adam Liptak, California Ruling Expands Same-Sex Parental Rights, NY Times, Aug. 23, 2005.