The Virginia Court of Appeals upheld today the enforcement of a custody order from North Carolina in favor of a male homosexual couple.
Both partners contributed sperm to artificially inseminate a Minnesota woman who agreed to be a surrogate mother.
The relationship between the mother and the partners deteriorated, and a North Carolina judge resolved a custody dispute by awarding the partners primary custody and the woman secondary custody.
After the partners moved to Virginia, the woman sought custody and contended that the order was at odds with the Virginia law and constitutional amendment that says the state will not recognize same-sex unions in any form.
The appellate court said the North Carolina court based the award on the role of the partners as parents to the child rather than on their relationship.
By Alan Cooper