SOGI Casebook chapters Archives: Parenting
Marci Frazier v. Kelly Goudschaal, Supreme Court of Kansas, United States (23 February 2013)
Procedural Posture Frazier sued Goudschaal to enforce their coparenting agreement. The district court divided their property and awarded joint legal custody, designated Goudschaal as the residential custodian and gave Frazier unlimited and unsupervised visitation, and ordered Frazier to pay child support. Goudschaal appealed, specifically challenging the district court’s jurisdiction to award joint custody and parenting […]
1 BvL 1/11, Constitutional Court of Germany (19 February 2013)
Banning second parent adoption by a same-sex registered partner is a violation of the right of equal treatment. 1 BvL 1/11, Constitutional Court of Germany (19 February 2013) (Full text of judgment in German, DOC)
An Application by the Northern Ireland Human Rights Commission for Judicial Review, Queen’s Bench Division, Northern Ireland (18 October 2012)
Procedural Posture The Northern Ireland Human Rights Commission (“NIHRC”) challenged Articles 14 and 15 of the Adoption (Northern Ireland) Order 1987, arguing that the eligibility criteria for adoption were unjustifiably discriminatory and in breach of Articles 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The NIHRC argued […]
Sentencia T-276/12, Constitutional Court of Colombia (11 April 2012)
Procedural Posture The appellant installed an action of protection (Acción de Tutela) against the Instituto Colombiano de Bienestar Familiar (ICBF) at the Constitutional Court of Colombia after the Superior Tribunal of Bogota affirmed the decision of the first instance court that the omission of crucial information on the sexual orientation of the father required the […]
In re Matter of Adoption of XXG and NRG, District Court of Appeal Florida, 3rd District, United States (22 September 2010)
Procedural Posture A gay foster father petitioned to adopt the two foster children who had been placed in his care. The trial court granted his petition and found that the State statute banning adoptions by homosexuals was unconstitutional under the Florida Constitution. The Department of Children and Families appealed. Facts In 2004, XXG and his […]
Judgment No. 791, Court of Cassation, First Civil Chamber, France (8 July 2010)
Procedural Posture Petition to the French Court of Cassation. Facts A lesbian couple conceived a child through IVF in the United States. One of the women was a United States citizen and the other French. The Superior Court of Dekalb County in Georgia recognised both women as legal parents of the child. The couple petitioned […]