In an unprecedented child-custody case, both females in a lesbian relationship have been recognized as the mothers of a child whose custody is being battled over following the couple's separation, according to news reports. The decision is considered to be the first of its kind and one that may help form the landscape of future child-custody battles between same-sex couples.

Torrance child custody lawyers note from the news reports that the circumstances surrounding the custody battle are unique, even given the couple's same-sex status. The child was brought to term and birthed by one of the mothers, but the fertilized egg from which the child was produced had been provided by the other mother and implanted in the one who gave birth to the child.

The birthing mother had contended that she was the child's legal guardian and the only one entitled to parental rights, even though the child shares DNA with the other mother. Although a county court judge provided an initial decision agreeing with the birthing mother -- citing state laws identifying a child's mother as the person who gave birth to him or her -- an appeals court later reversed the decision, citing constitutional law.

The case highlights the need for governing bodies to revise existing laws governing child custody. Same-sex couples are having children naturally, and adopting, at higher rates than ever before, and governing bodies will need to make sure their laws adequately address potential issues and better protect the parents of these children.

Source: Los Angeles Times "Both lesbian moms have parental rights, Florida court rules" Jan. 3, 2012