West

In this case, we revisit the issue of whether the courts have jurisdiction to entertain a nonparent’s petition to establish parental rights to custody and visitation. We conclude they do not.

Barbara West, mother of Cady, petitions for a writ of mandate challenging a temporary order of the trial court granting real party in interest Pamela Lockrem, West’s former lesbian partner, visitation with Cady. We grant the petition and issue the writ.

Facts and Procedure

West and Lockrem entered into a lesbian relationship and, in 1992, decided to raise a child together. West was artificially inseminated with sperm purchased jointly by West and Lockrem and, in 1993, gave birth to Cady. The three lived together, with West and Lockrem sharing parental responsibilities, for two and one-half years. Lockrem, however, did not adopt Cady.

In April 1995, West and Lockrem terminated their relationship but agreed to continue sharing parental responsibilities. Eventually, however, West only allowed Lockrem sporadic visits with Cady.

In January 1997, Lockrem filed suit against West, claiming to be a parent under the Uniform Parentage Act and seeking an order to show cause for child…