II
Lesbian and Gay Family Issues
Involving Child Custody, Visitation, Adoption, and Foster Care
A. By Lesbian and Gay Biological Parents
1. Disputes Between Biological Parents Involving Initial Determinations of Custody Where One Parent is Lesbian or Gay and the Other is Not
DiStefano v. DiStefano, New York Supreme Court, Appellate Division, 1978
Jacobson v. Jacobson, North Dakota Supreme Court, 1981
Thigpen v. Carpenter, Arkansas Court of Appeals, 1987
Piatt v. Piatt, Virginia Court of Appeals, 1998
2. Disputes Between Biological Parents Involving Change of Custody Where One Parent is Lesbian or Gay and the Other is Not
Stroman v. Williams, South Carolina Court of Appeals, 1987
J.B.F. v. J.M.F., Alabama Court of Civil Appeals, 1997
Ex Parte J.M.F., Alabama Supreme Court, 1998
Weigand v. Houghton, Mississippi Supreme Court, 1999
3. Custody Disputes Between Lesbian or Gay Biological Parents and Nonparents
Doe v. Doe, Virginia Supreme Court, 1981
Bottoms v. Bottoms, Virginia Supreme Court, 1995
4. Visitation Disputes Between Biological Parents Where One Parent is Lesbian or Gay and the Other is Not
Marriage of Cabalquinto, Washington Supreme Court, 1983
Chicoine v. Chicoine, South Dakota Supreme Court, 1992
Ex Parte D.W.W., Alabama Supreme Court, 1998
5. Visitation Disputes Between Biological Parents Who Both are Lesbian or Gay
Thomas S. v. Robin Y., New York Supreme Court, Appellate Division, 1994
LaChapelle v. Mitten, Minnesota Court of Appeals, 2000
6. Disputes Between Biological Parents Involving Disclosure of Parent’s Homosexuality to Their Minor Children
Marriage of Kraft, Iowa Court of Appeals, 2000
7. Disputes of Same-Sex Couples over Parentage
K.M. v. E.G., California Supreme Court, 2005
B. By the Domestic Partners of Lesbian and Gay Biological Parents
1. Custody
Curiale v. Reagan, California Court of Appeal, 1990
LaChapelle v. Mitten, Minnesota Court of Appeals, 2000
Miller-Jenkins v. Miller-Jenkins, Court of Appeals of Virginia, 2006
In the Matter of Brooke S.B. v Elizabeth A.C.C., New York Court of Appeals, 2016
2. Visitation
Custody of H.S.H.-K., Wisconsin Supreme Court, 1995
E.N.O. v. L.M.M., Massachusetts Supreme Judicial Court, 1999
Jones v. Barlow, Utah Supreme Court, 2007
3. Adoption
Adoption of Tammy, Massachusetts Supreme Judicial Court, 1993
Angel Lace M. v. Terry M., Wisconsin Supreme Court, 1994
Matter of Jacob, New York Court of Appeals, 1995
Boseman v. Jarrell, North Carolina Supreme Court, 2010
Adar v. Smith, U.S. Court of Appeals, Fifth Circuit, 2011
4. Birth Certificates
Pavan v. Smith, U.S. Supreme Court, 2017
C. By Lesbians and Gay Men Who Are Biologically Related to the Children But Not as Parents
1. Custody
State ex rel. Human Services Department, New Mexico Court of Appeals, 1988
D. By Lesbians and Gay Men Who Are “Strangers” (i.e., Not Biologically Related to the Children, Nor Partnered with Their Biological Parents)
1. Adoption
Adoption of Charles B., Ohio Supreme Court, 1990
Lofton v. Secretary of the Department of Children and Family Services, U.S. Court of Appeals, Eleventh Circuit, 2004
Florida Department of Children and Families v. In re: Matter of Adoption of X.X.G. and N.R.G., Court of Appeal of Florida, Third District, 2010
2. Foster Care
Welfare of G.A.S., Minnesota Court of Appeals, 1998
Department of Human Services v. Howard, Supreme Court of Arkansas, 2006