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Name: Elisa B. v. Superior Court
Case #: S125912
Court: CA Supreme Court
District CalSup
Opinion Date: 08/22/2005
Summary

Elisa B. and her lesbian partner, Emily B. each became pregnant using the same donor, and gave birth to three children: Elisa had one child, and Emily had twins. They agreed to coparent all three children, with Elisa being the primary breadwinner. They consulted an attorney about adopting the other’s children, but did not follow through with the adoption. After the couple separated, Elisa stopped paying child support for Emily’s twins. The Court of Appeal concluded that Elisa was not a parent of Emily’s twins and did not have an obligation to pay child support. The California Supreme Court reversed. The provisions of the Uniform Parentage Act which apply to fathers also apply to mothers. A woman who holds out children to be her own can be considered a parent. Elisa acted with Emily to conceive her twins, and received them into her home and held them out as her own. Therefore, she may be considered their parent, and has an obligation to support them.