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U.S. Supreme Court Allows Lesbian's Visitation Rights

Estranged Couple Disputes Access to Co-Parented Child

Mother Maneuvers Legally to deny Temporary Visits


Compiled By GayToday

moterhood.jpg - 9.12 K Washington, D.C.—November 15-- The U.S. Supreme Court yesterday let stand a ruling that a lesbian who'd helped her partner raise a child is entitled to temporary visitation rights, though the couple separated in May, 1998.

Without comment, the high court rejected an appeal by the child's biological mother who sought to deny her former partner access to their boy. It left intact the Supreme Judicial Court of Massachusetts' ruling that the woman's partner must be given three hours per week visitation rights.

The two women – whose initials in court papers were L.M.M. and E.N.O.--met in 1984.

After making a decision to be artificially inseminated L.M.M. gave birth in 1995 in Washington, D.C. to a son. The couple reportedly sent out birth announcements linking their names to create the boy's last name.

The boy often told people about his "two mothers," according to court records.

Because Massachusetts would have allowed E.N.O. to become an adoptive parent, the couple moved there but became estranged prior to making the boy's adoption legal.

A temporary restraining order against E.N.O kept her from visiting him until a family court judge—claiming it was in the boy's best interests-- upheld her right to do so.

The Supreme Judicial Court of Massachusetts upheld the lower ruling.

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The visitation order could someday be changed, however, or set aside altogether after a trial on the merits in the case, according to the Massachusetts decision. The Supreme Court's refusal of the case, though a significant development, leaves open the possibility of such a change.

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