Adoption of E.B.

BACKGROUND

Appellant, J.O., and M.B., have been in a committed, polyamorous relationship for more than 15 years. In 2018 they decided to have, and raise, a child together. The three of them planned the child’s conception and birth: J.O. and M.B. would be the child’s biological parents, appellant would adopt the child after he was born, and together the three chose the child’s name. Before E.B. was born, they executed an “Agreement to Co- Parent,” formalizing their intention to be the child’s equal co-parents.

Undesignated statutory references are to the Family Code.

2 In May 2019, J.O. gave birth to E.B. Appellant was there throughout the labor and delivery process, and she was treated by medical staff as an equal parent. Following his birth, however, E.B. suffered complications and was admitted to the neonatal intensive care unit (NICU). M.B. and J.O were permitted to enter the NICU to be with E.B. without question, appellant was not. E.B. was in the NICU for five days. The staff eventually allowed appellant to join J.O. and M.B. and participate in discussions with physicians regarding E.B.’s care. In anticipation of E.B.’s birth, appellant (a university professor)…