In re T.P.S.

Illinois Appellate Court
Civil Court
Child Custody
Case Number: 
2012 IL App (5th) 120176
Decision Date: 
Tuesday, October 9, 2012
5th Dist.
Williamson Co.
Affirmed in part and reversed in part; remanded.
Parties, who were two women, had been in long-term romantic relattionship, during which time they agreed that Respondent would conceive two children by artificial insemination, whom they would raise together as equal coparents, As to children born of artificial insemination, under facts of this case, Illinois law does not bar common law contract and promissory estoppel causes of action for custody and visitation brought be nonbiological parent. Children are entitled to physical, mental, emotional, and monetary support of both their "parents". As Petitioner participated in the decision and process of children's birth, she has a common law obligation to financially support the children, and to provide them with physical, mental, and emotional support. Parental rights may be asserted based on conduct evincing actual consent to artificial insemination procedure by unmarried couple along with active participation by nonbiological partner as a coparent. (SPOMER and WEXSTTEN, concurring.)