INDIANA JUDGE SEEKING CUSTODY LAWS IN SAME-SEX CASES: From the Indianapolis Star

A judge in a custody dispute between parents who are each the boy's mother is urging legislators to help jurists in his position.

"Unfortunately, the Indiana General Assembly has not yet created a vehicle for a court to address child custody disputes when a same-sex relationship terminates," Hamilton Superior Court Judge Bernard "Buddy" Pylitt said in a recent order setting a final hearing in the case for Jan. 31.

"The General Assembly is encouraged to address this vacuum at its earliest convenience."

The unusual case involves two former lesbian partners. One, Jill Wihebrink, bore the couple a child in 2000 through artificial insemination. The other, Nancy Lafferty, adopted the infant.

While typical adoption statutes do not allow a mother to retain parental rights, judges across the country have begun to permit such equal-parent and same-sex adoptions.

In general, they reason, adoption laws based on the best interests of a child should allow for societal changes that recognize same-sex partnerships and any parental benefits they bring.

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