The Supreme Court of Kansas recently ruled in
Frazier v. Goudschaal, No. 103, 487 (
http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130222/103487.pdf) that children born via reproductive technologies (i.e. artificial insemination)
to a same-sex couple can be deemed children of both parents. In the
Fraizer case two women were committed to a long-time same-sex relationship, during
which they jointly decided to have two children via artificial insemination.
In connection with the birth of the children the parties executed a co-parenting
agreement, which also addressed what would happen in the event of a separation.
After some period of time the couple separated, and a few months after
that Goudschaal (the birth mother) advised Fraizer (the same-sex partner)
that she was moving to Texas with the children. Fraizer filed an action
to enforce the co-parenting agreement. The trial court enforced the co-parenting
agreement and established entered a parenting plan awarding the parties
joint legal custody and awarded Fraizer parenting time. Goudschaal appealed
the decision challenging the court's legal authority to award custody
and parenting time to an unrelated third party of the minor children.
The Kansas Supreme Court found that the Kansas Parentage Act creates a
presumption of parentage for a woman who "notoriously or in writing"
recognize a child as her own. The Kansas Supreme Court stated that under
Kansas law two parents can be of the same sex. The co-parenting agreement
identified Frazier a "de facto parent" and went on to say that
her "relationship with the children should be protected and promoted."
The Supreme Court found that it did not violate public policy to enforce
the co-parenting agreement as long as it was in the children's best
Looking for an attorney for a co-parenting agreement case in Kansas City?
Contact a Kansas City divorce attorney from our firm today!