Charlie and Isabel are married. Two years into the marriage, they decide that they want to have children. But unlike many married couples, Charlie cannot get Isabel pregnant, so they decide to use artificial insemination. They find a reputable clinic and make an appointment for a consultation the next week. After the consultation, the donor selection, and several follow-up visits, the pregnancy test finally shows a pink plus sign. Following months of morning sickness, crib-shopping, Lamaze classes, Haagen-Dazs chocolate chip, and countless hours scanning over baby-name books, the day finally comes for Isabel to give birth. Joy and excitement fill the hospital room as a perfect little girl is born. However, another emotion makes its way into the delivery room that day too., confusion. The hospital will not name Charlie on the birth certificate as the legal parent. For some reason, the hospital is saying that it will only put the name of the biological father on the certificate, even though Charlie has been a vital part of the entire process and Charlie and Isabel have been married for three years now. A few thousand tears, hours, and dollars later, Charlie is able to secure a second parent adoption and finally becomes the little girl's legal parent. Now, most people would agree that such a year of uncertainly, anxiety, and heartache should have never occurred-but should it matter that Charlie is a woman? Reprinted by permission of the publisher.
William M. Lopez,
Artificial Insemination and the Presumption of Parenthood: Traditional Foundations and Modern Applications for Lesbian Mothers,
Chi.-Kent. L. Rev.
Available at: http://scholarship.kentlaw.iit.edu/cklawreview/vol86/iss2/15