Arizona Supreme Court ruled in favor of a Lesbian Women granting her equal parental rights after divorcing her spouse even though the state law does not uphold the same rights. The Court stated citing equal parental rights laid out by the US Constitution.
The court suggested that Arizona rules and laws need to be rewritten to avoid any ambiguity and case by case litigation. This came after the case of artificial insemination was brought in. Arizona law as written, assumes the man in a marriage is the father of any child born within 10 months of a marriage. But there is ambiguity in case of artificial insemination or as is, the non-biological parent of the same sex who have mutually agreed to parent the child.
The Arizona Supreme Court could have ruled it otherwise but it rather extended to include women in the aforesaid circumstances.
Citing the popular 2015 legalization of gay marriage nationwide. Amid all the LGBTQ rights and benefits, this has come as a relief for most same sex marriages.
Arizona Chief Justice Scott Bales wrote, “It would be inconsistent with Obergefell to conclude that same-sex couples can legally marry but states can then deny them the same benefits of marriage afforded opposite-sex couples.”
Artificial insemination cases raise much vague issues. This ruling was for the Tucson couple Kimberly and Suzan McLaughlin for the custody of their only son who came through artificial insemination. Despite having legal agreements of shared parenting the Tuscon couple were found in confrontation post their break up.
Kimberly McLaughlin's attorney argued during a June hearing that Arizona law doesn't establish any parenting rights in case of artificial insemination for the non-biological parents of the same sex. However, the high court ruled in favor of Suzan McLaughlin, stating she is entitled to the same parental rights as her same sex spouse.
Suzan McLaughlin was relieved and overjoyed after the highest court recognized him as the mother of her son born post artificial insemination to the same sex couple. As said in a statement provided by the National Centre for Lesbian Rights "All I have ever wanted is to be there for him like any mother would."
By A.s
