Making Mommies: The Washington State Court of Appeals Exceeded Its Authority by Creating a Common Law Parentage Action in In re Parentage of L.B.

Authors

Thomas G. Robinson-O'Neill

Abstract

In In re Parentage of L.B., Division I of the Washington State Court of Appeals created a new common law cause of action that allows a same-sex de facto parent to be declared a legal parent. In the alternative, the court held that a de facto parent has a cause of action under Washington's nonparental visitation statute. This Note argues that the court exceeded its authority in creating a common law cause of action because the Uniform Parentage Act and the statutory scheme preempt the common law. Further, this Note argues that the ability of a de facto parent to obtain a visitation order under the nonparental visitation statute adequately protects the best interests of the child. Therefore, the Washington State Supreme Court should reverse Division l's creation of a common law parentage action and affirm Division l's alternative holding.

First Page

1209

Recommended Citation

Thomas G. Robinson-O'Neill, Notes and Comments, Making Mommies: The Washington State Court of Appeals Exceeded Its Authority by Creating a Common Law Parentage Action in In re Parentage of L.B., 79 Wash. L. Rev. 1209 (2004).
Available at: https://digitalcommons.law.uw.edu/wlr/vol79/iss4/6