NZ COURT GIVES TODDLER THREE PARENTS: From 365Gay.com

In what is believed to be a world first, a two-year-old boy will have three gay parents: a gay dad who donated his sperm, a lesbian mom who bore him, and
her same-sex partner following a court ruling in Auckland, New Zealand.

The decision ends a tug of war between two sets of same-sex couples that
began before the baby was born. The names involved in the case are protected by New Zealand family law and cannot be printed, but court documents made available to New Zealand's Star-Times newspaper show the complexity of the case.

The two-year-old boy was conceived after a contract was drawn up for joint
custody between the lesbian couple and their friends, a Sydney gay couple.

The women, originally from Auckland, were living in Sydney, Australia at the
time.

But after the baby was born, the couples had a falling out and the women
moved back to Auckland, refusing the men access. The birth mother's partner
then made an application in the court to be named the boy's legal co-parent.

The men sued, citing the contract the two couples signed which stated that, although the child would live with the women, the sperm donor would be named
as father on the birth certificate, that the men would be consulted on parenting decisions and have at least 14 days' access to the boy every year.

Justice John Priestley warned that the case had the "potential to spark both emotion and prejudice in the community," but added that "it is undesirable that fathers and children in the situation of this father and child should be left legally marooned."

The case then returned to Family Court.

On the strength of Justice Priestley's decision, Auckland Family Court judge Sarah Fleming awarded joint custody to the lesbians, but also the biological father shared guardianship. Going beyond the initial agreement that the men
have 14 days' access a year, she awarded monthly access, increasing to seven
days a month.

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posted by Eve at 4:05 PM | link

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