Same-sex Parenting under the Uniform Parentage Act (1973)

The Kansas Court of Appeals today decided another same-sex parenting case. This time, the same-sex couple did not have a written co-parenting agreement similar to what existed in the recent Kansas Supreme Court case, Frazier v. Goudschaal ( ) case. Instead, the bio-mom and her same-sex partner notoriously acknowledged that they were the child’s parents and, during their 3-year relationship, cared for their child as co-parents. After the relationship broke up and bio-mom refused to allow non-bio mom contact with the child, non-bio mom filed an action in Cherokee County seeking to be named as a parent and to have custodial and parenting time rights. The Cherokee County District Court dismissed the Petition for Determination of Parentage based on the non-bio-mom’s lack of standing. The Kansas Court of Appeals today reversed the District Court dismissal and ordered that the court review the case in light of Frazier v. Goudschaal.

The case is “In the matter of the relationship of Downs and Gilmore” and can be viewed at the following link: