Gay ‘parent’ Denied Joint Custody (Press, 18 December 1989)

On 18 December 1989, a court in Los Angeles ruled against Terri Sabol, a lesbian seeking joint custody and visitation rights for a girl born through artificial insemination. The sperm used in the procedure was donated by Sabol's brother. Despite her claim to parental rights and her offer to provide child support, Superior Court Judge Dana Henry stated that the case was unprecedented and highlighted the need for legislative review of existing laws regarding parental rights for non-biological and non-adoptive parents. Sabol, 33, who owns a hair salon in Long Beach, expressed her shock at the ruling and indicated plans to appeal. Her attorney, Gloria Allred, argued for the recognition of parental rights for gay and lesbian individuals, asserting that Sabol had acted as a parent to the child since the decision to conceive was made in March 1985 with her partner, who carried the baby. Allred noted that Sabol had taken a supportive role during the pregnancy and had fulfilled parental responsibilities until the couple's relationship ended in July 1988. The case was heard in a non-jury trial, typically conducted privately when determining parental rights, but Judge Henry's decision was announced in open court. Sabol's case focused on the need for recognition of the emotional bond that can exist between a child and someone fulfilling the role of a parent, even in cases where biological or adoptive ties are absent. However, Judge Henry concluded that Sabol had not demonstrated such a bond existed in her case, leading to his decision against her.

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