In a 2008 case, a Maryland appellate court considered whether Maryland recognizes de facto parenthood. In the case, Margaret, a woman in a committed same-sex relationship was seeking custody or visitation of a child adopted by Janice, the other woman in the relationship.
The two women met in 1986 and lived together for the better part of 18 year lived together in Janice’s residence. Janice wanted to be a mother. She was not able to get pregnant through in vitro fertilization, so she adopted a girl from India. Margaret did not try to adopt the girl, though both she and Janice shared childcare responsibilities. In 2004, they separated and Margaret moved out.
After they separated, Margaret saw the girl 3-4 times per week. The two women started having problems and Janice restricted Margaret’s visitation. In the fall of 2004, Janice sent a letter requiring Margaret to arrange visitation through her and to get approval for any activities she wanted to do with the girl. Continue reading