Charisma R. v. Kristina S.

44 Cal.Rptr.3d 332 (2006)

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Nature of the Case

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Facts

Charisma R. (P) and Kristina S. (D) were a same sex couple who registered as domestic partners with the State of California in January 2002. They decided they wanted to have children and D would be the first to try to become pregnant. D became pregnant by artificial insemination and gave birth to Amalia in April 2003. There was no strife in the relationship at this time, and P and D both participated in the insemination and birth. Within a few months of the birth, D moved out of the home she shared with P, taking Amalia with her. D allowed P to see Amalia on only two occasions in the summer of 2003. In the summer of 2005, P moved to Texas with Amalia. In May 2004, P filed a petition to establish a parental relationship with Amalia. The trial court denied the petition, concluding that Charisma lacked standing to bring the action under the Uniform Parentage Act (UPA). P appealed.