Saying it lacks the authority to contradict “the manifest intent of our General Assembly,” the Illinois Appellate Court blocked the petition of a woman seeking visitation rights with the biological child of her former lesbian partner.
The opinion, which upheld an earlier ruling by Cook County Circuit Court Judge Herman Knell, stated that the petitioner, known in court records by the fictitious name Amanda, lacks legal standing to seek visitation with the 5-year-old girl.
“This court is not unmindful of the fact that our evolving social structures have created non-traditional relationships,” wrote Appellate Court Judge John Hourihane.
He also noted that while visitation “is an issue of complex social significance,” the Illinois legislature has spelled out who has such rights. Changing visitation, Hourihane said, “demands a comprehensive legislative solution.”
Leon Finkel, who represented the biological mother known in court documents as Helen, said the court’s ruling means that “because someone becomes involved in a child’s life, their status shouldn’t be elevated to where they now have the right to seek redress from the court and, by virtue of that, the biological parent loses the right to make decisions for the child.”
But Heather Sawyer, a staff attorney for Lambda Legal Defense and Education Fund who represented “Amanda” before the Appellate Court, countered that in cases involving heterosexual couples in similar circumstances, the courts “find a way to do the right thing.”
But when the case involves gay or lesbian couples, they “slam the door shut,” Sawyer said.
According to documents filed with the Appellate Court, the two women had lived together for nine years. In 1992, five years after jointly buying a home in Atlanta, they agreed to have a child together. “Helen” became pregnant as a result of artificial insemination by an anonymous sperm donor, court documents show.
In August 1996, “Helen” said she was moving to Chicago and decided contact with “Amanda” was not in the child’s best interests, according to documents.
“Amanda’s” petition says she and “Helen” agreed that visitation arrangements would be established after the move, but “Helen” thwarted her attempts to see the child. Since March 1997, “Amanda” has not been allowed even to talk to the child on the phone, she charges in an affidavit.
“Helen’s” lawyer said the child hasn’t seen “Amanda” in more than three years and “doesn’t know who she is.” “What this case is really about is attempting to have the courts legislate policy,” Finkel said.
The lawyer for “Amanda” called that argument “absurd.” “The fact that the biological mother is exploiting the law’s failure to recognize a gay or lesbian family is unfortunate,” Sawyer said.
