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Name: S.Y. v. S.B.
Case #: C065700
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/09/2011

The trial court properly declared second same-sex mother as the presumed parent where she openly held out the children as her own. In this family law custody case, S.B., the mother of the minors appealed from a judgment declaring that her former same-sex partner, S.Y. was a presumed parent, arguing that S.Y. never actually received the children into her own home and held them out as her natural children. The appellate court rejected the argument and affirmed. Substantial evidence supported the trial court’s finding that S.B.’s home was the family home and S.Y. received the children into that home, and S.Y. held the children out as her own. Whether or not S.B. intended S.Y. to be a legal parent to the children is irrelevant where, as here, S.B. allowed and encouraged S.Y. to function as their second parent and S.Y. openly embraced her rights and obligations as a parent. The court also rejected S.B.’s claim that recognizing S.Y. as a parent infringed upon her fundamental right to make decisions regarding the children.