## Facts

- Elisa B. and Emily B. began a committed same-sex relationship in 1993 and formed a joint household.
- The couple agreed to have children and used the same anonymous sperm donor so the children would be biologically related to each other.
- Elisa gave birth to a child in 1997; Emily gave birth to twins (Kaia and Ry) in 1998, one of whom had Down syndrome and significant medical needs.
- The couple lived together as a family; both women participated in parenting, gave the children a shared hyphenated surname, and Elisa claimed the children as dependents for tax purposes.
- The couple agreed that Elisa, who earned more, would provide primary financial support while Emily stayed home to care for the children.
- After separation in 1999, Elisa provided limited support and later ceased visiting and supporting the twins.
- Emily sought public assistance.
- In 2001, the local child support agency filed an action to establish Elisa’s parentage of the twins and obtain a child support order.

## Issues

1. Whether a woman who is not the biological or adoptive parent can be deemed a parent under California’s Uniform Parentage Act as a presumed parent by receiving children into her home and openly holding them out as her own.
2. Whether such presumed parent status, if established, imposes a legal duty to support the children.

## Decision

- The California Supreme Court reversed the Court of Appeal.
- The Court held Elisa was a presumed parent of the twins under Family Code § 7611(d).
- The Court concluded Elisa therefore had a legal obligation to support the twins.
- The matter was remanded for proceedings consistent with recognizing Elisa’s parental status and support duties.

## Legal Principles

- Family Code § 7611(d)’s presumed parent provision applies in gender-neutral fashion and is not limited to men.
- A person is a presumed parent when the person receives the child into the home and openly holds out the child as the person’s natural child; sustained parenting conduct and public representation can satisfy this standard.
- Lack of a biological connection does not preclude presumed parent status where the statutory criteria are met, including in assisted reproduction contexts.
- The Uniform Parentage Act is construed to protect children’s interests in having two legally responsible parents and to avoid shifting support burdens to public assistance systems.

## Conclusion

A nonbiological same-sex partner who intentionally assumes a parental role and openly holds the children out as her own may be a presumed parent under California’s Uniform Parentage Act and is subject to the same child support obligations as any other legal parent.


Elisa B. v. Superior Court, 37 Cal. 4th 108, 117 P.3d 660 (Cal. 2005)