## Facts

- Sue Ellen (“Mian”) Carvin and Page Britain lived together in an intimate relationship beginning in 1989.
- The partners jointly decided to have a child and arranged for Britain to conceive through artificial insemination using sperm from a male friend.
- L.B. was born on May 10, 1995, and Carvin and Britain actively coparented from birth, with Carvin taking a committed and ongoing parental role.
- When L.B. was about six years old, the couple separated and disputes arose over Carvin’s access to L.B.
- Carvin, who was neither a biological nor adoptive parent, petitioned to establish parentage and to secure custody/visitation rights.

## Issues

1. Whether Washington law permits a nonbiological, nonadoptive adult to seek a determination of coparentage under a common-law de facto parent doctrine.
2. If not, whether the petitioner has standing to seek visitation under Washington’s third-party visitation statute.

## Decision

- The Washington Supreme Court held that Washington common law recognizes de facto parent status.
- The court held that Carvin had standing to petition for a determination of parentage as a de facto parent.
- The court held that Carvin did not have standing to seek visitation under the third-party visitation statute.
- The case was permitted to proceed in the trial court with Carvin able to pursue custody or visitation as a parent rather than as a third party.

## Legal Principles

- Washington courts may recognize de facto parentage under common law as an equitable remedy when statutory parentage provisions do not address a child’s established parent-like relationship.
- A de facto parent is a nonbiological, nonadoptive person who, with the legal parent’s consent and encouragement, has undertaken a fully parental, enduring relationship and responsibilities toward the child.
- Once de facto parentage is established, the de facto parent stands in legal parity with a biological or adoptive parent for purposes of custody and visitation litigation.
- The doctrine is limited to parent-like relationships fostered by the legal parent, helping avoid conflicts with a fit parent’s constitutional rights to make child-rearing decisions.
- Failure to qualify as a de facto parent does not confer standing under Washington’s third-party visitation statute; parentage and third-party visitation are distinct frameworks with different thresholds.

## Conclusion

Washington recognized de facto parentage at common law and allowed a nonbiological, nonadoptive coparent, whose parental role was fostered by the legal parent, to seek adjudication of parentage and related custody/visitation rights on equal footing with a legal parent, while rejecting statutory third-party visitation standing as an alternative basis for relief.


In re Parentage of L.B., 155 Wn.2d 679, 122 P.3d 161 (Wash. 2005)