Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 3 of 3
Full-Text Articles in Law
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly
Comment: De Facto Parents In Maryland: When Will The Law Recognize Their Rights?, Michelle E. Kelly
University of Baltimore Law Forum
Rachel and Allison were in a committed same-sex relationship beginning in 1990. Although they never legally married, the couple decided to manifest their love by having a child in 2001. Rachel and Allison both agreed that Rachel would carry the child by way of an anonymous sperm donor. Their child, Kevin, was born on September 3, 2002. Allison was present in the delivery room and even cut the umbilical cord. From the time Kevin was born until the summer of 2009 when Rachel and Allison ended their relationship, the couple equally raised and cared for Kevin, sharing all major and …
Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the term “artificial insemination” includes in vitro fertilization using donated sperm, and that a consenting husband is presumed to be the father of the child born as a result of the procedure. Sieglein v. Schmidt, 447 Md. 647, 652, 136 A.3d 751, 754 (2016). The court also held that the circuit court did not abuse its discretion in finding the husband to be voluntarily impoverished or in issuing a permanent injunction based on harassment. Id.
Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a child is considered a third party for purposes of sibling visitation rights. In re Victoria C., 437 Md. 567, 591, 88 A.3d 749, 764(2014). The court further held that the sibling seeking visitation with a minor sibling must first make a prima facie case showing parental unfitness or exceptional circumstances before the court can apply the best interest of the child standard.