L. M. v. M. G.

Good Law
145 Cal. Rptr. 3d 97·2012 Cal. App. LEXIS 855·208 Cal. App. 4th 133·2012 WL 3125123
Court of Appeal of CaliforniaAugust 2, 2012No. D060409California6,134 words

Opinion

Concurring Opinion

Huffman, J.

I agree that the majority opinion is an accurate statement of California law, as interpreted by our Supreme Court. Accordingly, consistent with the direction provided by Elisa B. v. Superior Court (2005) 37 Cal.4th 108 [ 33 Cal.Rptr.3d 46 , 117 P.3d 660 ], I concur in the result reached in the majority opinion.

Lead Opinion

Irion, J.

M.G. challenges the trial court’s judgment under the Uniform Parentage Act (UPA) (Fam. Code, § 7600 et seq.) 1 that M.G.’s former same-sex partner, L.M., is a second parent to the child that M.G. adopted during their relationship (the Child). Based on various statutory arguments, M.G. contends that L.M. may not be determined to be the Child’s second parent because M.G. obtained her parental status through a single parent adoption decree, which, according to M.G., should bar any person from being determined to be the Child’s second parent. As we will explain, we conclude that M.G.’s arguments are without merit and, accordingly, we affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

M.G. and L.M., who are both women, lived together as same-sex partners from 1998 to the end of 2003, but were not registered domestic partners. (§ 297 et seq.) Their household included M.G.’s son, born in 1992, and L.M.’s daughter, bom in the mid-1980’s.

*136 M.G. desired to have another child, and during her relationship with L.M., M.G. unsuccessfully attempted to conceive a child through artificial insemination with the same sperm donor she used for her son in 1992. According to L.M.,…

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