Charisma R. v. Kristina S.

Charisma R. (Charisma) and Kristina S. (Kristina) were a same-sex couple who began dating in July 1997, moved in together in August 1998, and registered as domestic partners with the State of California in January 2002. In December 2001, the couple decided they wanted to have children and Kristina would be the first to try to become pregnant. Following several months of effort, Kristina became pregnant by artificial insemination and gave birth to Amalia in April 2003. In July 2003, Kristina moved out of the home she shared with Charisma, taking Amalia with her. Kristina appeals from the trial court’s orders declaring Charisma a presumed parent of Amalia and establishing a schedule for reunification of Charisma and Amalia. Among other things, we reject Kristina’s contentions that Charisma did not parent Amalia for a sufficient period of time to be declared a presumed parent under Family Code section 7611, subdivision (d) (hereafter section 7611(d)), and we hold Kristina has not shown the trial court’s orders violate her constitutional rights to equal protection and due process. In a cross-appeal, Charisma contends the court misunderstood the scope of its authority with…