Publication Date
4-2022
Document Type
Article
Abstract
In the summer of 2013, Susan Hill and Amy Burnett exchanged wedding rings in North Carolina. Though same-sex marriage was not yet legal in most states (North Carolina included), Hill and Burnett moved forward to live together as spouses and began making plans to grow their family. Later in 2013, Burnett began trying to become pregnant. Both women contributed to the cost of the procedures designed to promote pregnancy and, in 2014, Burnett became pregnant with twin girls.
During Burnett’s pregnancy, Hill attended birthing classes, purchased items for the nursery, and took part in other sundry tasks that ordinarily precede the birth of children. In late 2014, Hill was present when Burnett gave birth to two baby girls and the parties met. ...
On July 1, 2019, Georgia joined many other states with the enactment of the Adjudicated Equitable Caregiver statute. The statute was sponsored by Chuck Efstration (R-Dacula) and passed by the Georgia General Assembly in April 2019 by a vote of 152 to 3, with 15 not voting. The statute, which officially took effect on July 1, 2019, permits a person who demonstrates an established parental role to petition the court for a determination that they are an “equitable caregiver” to the child; once that determination is made, the court may award visitation or even custodial rights—and responsibilities—to the equitable caregiver.
Recommended Citation
McGinnis, James J.; Crowe, Charles V.; and McClintock, Andrew B.
(2022)
"The Door Opens Wider: The Rights of Non-Biological Parents to Claim Custody Just Expanded,"
Mercer Law Review: Vol. 73:
No.
3, Article 13.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol73/iss3/13