A gay lesbian couple living in Texas has requested that the federal appeals court hear their case earlier rather than later. The reason is that one partner is expecting a child.
The Dallas News reports that Nicole Dimetman is pregnant and her due date is March 15. She is an Austin lawyer who is working with her partner Cleopatra De Leon to overturn the Texas ban on gay marriage. The couple was married in Massachusetts five years ago. De Leon gave birth to a child a year after their marriage and to establish parental rights for Dimetman, they had to go through an expensive adoption process.
Legal recognition for parental rights would help them avoid the complicated adoption process with their second child. Also, a pivotal argument in the case is that if Dimetman became incapacitated or died during childbirth, her partner would have no parental rights to the child, who would subsequently become an orphan.
The complexities of parentage in same sex marriages are still subject to an emerging area of case law. Issues are even more complicated in states that don’t recognize same sex marriages.
A three judge panel will hear this Texas case and also a similar Louisiana case. The central issue in the Louisiana case was a federal district judge’s ruling that allowed Louisiana to ban same-sex marriages.
If you face challenges regarding marriage, parental rights, divorce, child custody or other issues, find out how a skilled family law attorney can help you.
Channa E. Borman is an experienced divorce and family law attorney at C.E. Borman & Associates, located in Bryan, Texas.