Curiale v. Reagan

Opinion

PUGLIA, P. J.

The breakup of a relationship between two women occasioned this attempt by the plaintiff, one of the women, to seek rights of custody and/or visitation with the natural child of defendant, her erstwhile partner in the relationship. Defendant’s child was conceived during the relationship by artificial insemination. Plaintiff appeals from an order (1)

[1599]

granting defendant’s motion to quash an order to show cause for visitation and custody and (2) dismissing plaintiff’s complaint to establish de facto parental status. The issue is whether plaintiff, who is neither the natural mother, stepmother, nor adoptive mother of the child has standing to assert a claim for custody and/or visitation as against the child’s natural mother with whom the child resides. We shall conclude she does not.

The facts are undisputed. Between April 1982 and December 1987 plaintiff and defendant lived together in a homosexual relationship. At some point during the relationship plaintiff and defendant agreed defendant would conceive a child through artificial insemination and that the child would be raised by both of them. The first part of the agreement was consummated and the child was born in June 1985. Thereafter, from the time of the child’s birth until June 1988, plaintiff provided the sole financial support for herself, defendant and the child.

The relationship between plaintiff and defendant terminated in December 1987 when plaintiff moved out of the home. At that point a written settlement agreement was executed by the parties which provided, inter alia, for the sharing of physical custody of the child. In June 1988, defendant informed plaintiff that she was no longer willing to share custody with plaintiff or even allow plaintiff to visit with the child.

Plaintiff responded by filing a “complaint to establish de facto parent status/maternity and for custody and visitation,” along with an order to show cause seeking custody and visitation. Defendant moved to quash the order to show cause and to dismiss the complaint, asserting plaintiff had no standing to initiate the proceeding.

The trial court declined to give effect to the settlement agreement between the parties.