Legal Research

Oregon Same-Sex Couple: Right to Parental Status: Shineovich v. Kemp

Oregon Court of Appeals case: Shineovich V. Kemp (A138013), filed July 15, 2009.

Excerpt: ?In this action for declaratory relief, petitioner challenges the constitutionality of two statutes under which a married man is, by operation of law, deemed to be the legal parent of children born to his wife. Petitioner and respondent were in a same-sex relationship for 10 years, during which time respondent twice became pregnant by artificial insemination. After the parties separated, petitioner brought this action, seeking a declaration that she is a legal parent of the two children born to respondent. She asserted that ORS 109.070(1) (2003) and ORS 109.243(1) create a privilege--legal parenthood by operation of law--on the basis of gender and sexual orientation, in violation of Article I, section 20, of the Oregon Constitution. After the parties submitted their pleadings, the trial court dismissed petitioner's claims for failure to state a claim for relief, and petitioner appeals. We conclude that ORS 109.070 (2003) does not violate Article I, section 20, but that ORS 109.243 does. Accordingly, we reverse and remand.? (read full case)

Full post as published by Oregon Legal Research on July 16, 2009 (boomark / email).