Janet Miller-Jenkins v. Lisa Miller-Jenkins

637 S.E.2d 330 (2006)

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Nature of the Case

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Facts

P and D lived together and eventually traveled to Vermont and entered into a civil union. P began to receive artificial insemination from sperm provided by an anonymous donor. D participated in the decision that P becomes impregnated and helped select the anonymous donor. P gave birth to IMJ, with D present in the delivery room. P, D, and IMJ lived in Virginia until IMJ was approximately four months old and then moved together to Vermont around August of 2002. The parties lived together with IMJ in Vermont until the fall of 2003 when they decided to separate. After the separation, P moved to Virginia with IMJ. P filed a petition to dissolve the civil union in the Vermont family court. P listed IMJ as the 'biological or adoptive child of the civil union.' P requested that the court award her custodial rights and award D parent-child contact. P almost immediately stopped D from parent-child contact. P then filed a petition in the Frederick County Virginia Circuit Court and asked that court to establish IMJ's parentage. Vermont reaffirmed its 'jurisdiction over this case including all parent-child contact issues.' The Vermont court found P in contempt for willful refusal to comply with the temporary visitation order. The Virginia court held it had jurisdiction to determine the parentage and parental rights of IMJ and that any claims of D to parental status were 'based on rights under Vermont's civil union laws that are null and void under Va. Code § 20-45.3.' The Virginia court found P to be the 'sole biological and natural parent' of IMJ and holding that D has no 'claims of parentage or visitation rights over' IMJ. D appealed.