A same-sex married couple is divorced. One of the couple, Dee, gave birth to a baby girl. She was conceived through artificial insemination.

Seven months later, the parties separated. Dee filed a petition for dissolution. She filed a petition to stop Ashlie (the other of the couple) from having a relationship with the child.

The Trial Court determined that Ashlie did have a parent-child relationship with the child. The marriage laws applied to a same sex couple. Parentage laws also applied to surrogacy. There was considerable evidence that Ashlie was actively co-parenting the child while the parties were together. Dee appealed.

The Appellate Court agreed that Ashlie had a parent-child relationship with the child. “A nonbiological parent still retains both her parental responsibilities and rights. A child still retains the right to the physical, mental, emotional and financial support [from] both of her parents.

The child was brought into this world because of the decision of both Dee and Ashlie to conceive a child through artificial insemination. She was nurtured for the first seven months of her life by both Dee and Ashlie.”

The Court was not required to make a best interest finding. The Gestational Surrogacy Act is inapplicable. The child had been born through traditional surrogacy, not gestational surrogacy. There is a biological connection between Dee and the child.

In re Marriage of Dee J., 2018 IL App (2d) 170532.

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