Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Non-Biological Parent
A recent case from the appellate court in Washington demonstrates the lack of protection offered by the Uniform Parentage Act (UPA) to children raised by same-sex couples and to the non-biological parent. The court in In re the Parentage of L.B., 121 Wn. App. 460, 89 P.3d 271 (2004), cert. granted, 152 Wn.2d 1013, 101 P.3d 107 (2004), filled in the gap left by the legislature in recognizing the relationship between the non-biological parent/primary caregiver and the child by creating a common law cause of action for the psychological parent.
Sue Carvin brought an action against her former partner, Page Britain, the biological mother of L.B. under the UPA seeking to establish co-parentage of L.B. L.B. was conceived during the women's 12-year domestic relationship. Carvin argued that, in order to be constitutional, the UPA must be liberally construed to allow her claim. Alternatively, Carvin claimed status as a de facto or psychological parent under the common law of Washington. Carvin also sought visitation rights under Washington's third party visitation statute. The trial court held that Carvin had no cause of action and dismissed her petition. The appellate court agreed that the UPA did not offer Carvin a cause of action under the UPA but declined to address the constitutionality of the Act because Carvin stated a cause of action as a de facto/ psychological parent under common law.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.