Schnedler v. Lee

Summary

The Oklahoma Supreme Court held that a non-biological same-sex co-parent may establish standing to seek custody, visitation, and support without the consent of a genetic donor. The court held that such a parent may attain parity with a biological parent upon demonstrating intentional joint family planning, a parental role sufficient to establish a meaningful emotional relationship, and significant residence with and representation of the child, subject to the child's best interests.

Holdings

1. The third-party genetic donor's consent, acquiescence, or encouragement was not required. Under Ramey, the relevant acquiescing biological parent is the same-sex partner who intentionally planned and co-parented the child, not the uninvolved genetic donor.
2. A non-biological same-sex co-parent has the right to seek custody, visitation, and child support on the same equal terms as a biological parent.
3. To establish standing, the claimant must prove by a preponderance of the evidence that the claimant intentionally engaged in family planning with the biological parent, acted in a parental role for a sufficient period to establish a meaningful emotional relationship with the child, and resided with the child for a significant period while holding the child out as the claimant's own.

Questions Presented

1. Whether the genetic donor's consent was required before a non-biological same-sex co-parent could establish standing to seek custody, visitation, or support.
2. Whether a non-biological same-sex co-parent who intentionally planned and raised a child with the biological parent may seek parental rights on equal terms with the biological parent.
3. What evidentiary requirements govern standing and parentage claims by a non-biological same-sex co-parent.

Disposition

reversed_and_remanded