II

Lesbian and Gay Family Issues
Involving Child Custody, Visitation, Adoption, and Foster Care

A.     By Lesbian and Gay Biological Parents

1.      Disputes Between Biological Parents Involving Initial Determinations of Custody Where One Parent is Lesbian or Gay and the Other is Not

DiStefano v. DiStefano, New York Supreme Court, Appellate Division, 1978

Jacobson v. Jacobson, North Dakota Supreme Court, 1981

Thigpen v. Carpenter, Arkansas Court of Appeals, 1987

Piatt v. Piatt, Virginia Court of Appeals, 1998

 

2.      Disputes Between Biological Parents Involving Change of Custody Where One Parent is Lesbian or Gay and the Other is Not

Stroman v. Williams, South Carolina Court of Appeals, 1987

J.B.F. v. J.M.F., Alabama Court of Civil Appeals, 1997

Ex Parte J.M.F., Alabama Supreme Court, 1998

Weigand v. Houghton, Mississippi Supreme Court, 1999

 

3.      Custody Disputes Between Lesbian or Gay Biological Parents and Nonparents

Doe v. Doe, Virginia Supreme Court, 1981

Bottoms v. Bottoms, Virginia Supreme Court, 1995

 

4.      Visitation Disputes Between Biological Parents Where One Parent is Lesbian or Gay and the Other is Not

Marriage of Cabalquinto, Washington Supreme Court, 1983

Chicoine v. Chicoine, South Dakota Supreme Court, 1992

Ex Parte D.W.W., Alabama Supreme Court, 1998

 

5.      Visitation Disputes Between Biological Parents Who Both are Lesbian or Gay

Thomas S. v. Robin Y., New York Supreme Court, Appellate Division, 1994

LaChapelle v. Mitten, Minnesota Court of Appeals, 2000

 

6.      Disputes Between Biological Parents Involving Disclosure of Parent’s Homosexuality to Their Minor Children

Marriage of Kraft, Iowa Court of Appeals, 2000

 

7.      Disputes of Same-Sex Couples over Parentage

K.M. v. E.G., California Supreme Court, 2005

 

B.     By the Domestic Partners of Lesbian and Gay Biological Parents

1.      Custody

Curiale v. Reagan, California Court of Appeal, 1990

LaChapelle v. Mitten, Minnesota Court of Appeals, 2000

Miller-Jenkins v. Miller-Jenkins, Court of Appeals of Virginia, 2006

In the Matter of Brooke S.B. v Elizabeth A.C.C., New York Court of Appeals, 2016

 

2.      Visitation

Custody of H.S.H.-K., Wisconsin Supreme Court, 1995

E.N.O. v. L.M.M., Massachusetts Supreme Judicial Court, 1999

Jones v. Barlow, Utah Supreme Court, 2007

 

3.      Adoption

Adoption of Tammy, Massachusetts Supreme Judicial Court, 1993

Angel Lace M. v. Terry M., Wisconsin Supreme Court, 1994

Matter of Jacob, New York Court of Appeals, 1995

Boseman v. Jarrell, North Carolina Supreme Court, 2010

Adar v. Smith, U.S. Court of Appeals, Fifth Circuit, 2011

 

4.      Birth Certificates

Pavan v. Smith, U.S. Supreme Court, 2017

 

C.     By Lesbians and Gay Men Who Are Biologically Related to the Children But Not as Parents

1.      Custody

State ex rel. Human Services Department, New Mexico Court of Appeals, 1988

 

D.     By Lesbians and Gay Men Who Are “Strangers” (i.e., Not Biologically Related to the Children, Nor Partnered with Their Biological Parents)

1.      Adoption

Adoption of Charles B., Ohio Supreme Court, 1990

Lofton v. Secretary of the Department of Children and Family Services, U.S. Court of Appeals, Eleventh Circuit, 2004

Florida Department of Children and Families v. In re: Matter of Adoption of X.X.G. and N.R.G., Court of Appeal of Florida, Third District, 2010

 

2.      Foster Care

Welfare of G.A.S., Minnesota Court of Appeals, 1998

Department of Human Services v. Howard, Supreme Court of Arkansas, 2006