Indiana Court Rules Lesbian Partner Must Pay Child Support

In February, the Indiana Court of Appeals ruled that a lesbian woman must pay child support for a child conceived by her partner before the two separated.

In 1997, the woman adopted her partner’s in 1997 when the two were involved in a relationship. After the relationship dissolved, the biological mother of the children sought and received a child support order while the non-biological mother sought to dissolve the adoption.

Lower courts had overturned the support order, but the Indiana Court of Appeals upheld the order. Judge John G. Baker wrote in a 22-page ruling that,

Whether a person is a man or a woman, homosexual or heterosexual, or adoptive or biological, in assuming that role, a person also assumes certain responsibilities, obligations, and duties. That person may not simply choose to shed the parental mantle because it becomes inconvenient, seems ill-advised in retrospect, or becomes burdensome because of a deterioration in the relationship with the children’s other parent.

Baker’s ruling followed a November 2004 case in which the Indiana Court of Appeals ruled that same sex partners could adopt the children of their partners and still retain parental rights


State Appeals Court Extends Parental Rights to Gay Woman. Associated Press, November 29, 2004.

Lesbian Ordered to Pay Child Support. Associated Press, February 18, 2005.

Lesbian Partner Ordered to Pay Child Support. Axcess News, February 19, 2005.

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