Last July I wrote extensively about an Oregon appeals court decision declaring that a woman who consents to her partner's insemination is also a parent of the resulting child. The court reached its conclusion by reasoning that the law makes that provision for the husband of a woman who conceives through donor insemination and so it is unconstitutional (under the state constitution) to exclude a same-sex partner from that status.
The biological mother asked the Oregon Supreme Court to review the appeals court's ruling, and Wednesday that court declined to do so. The denial of review came in a standard order with no comment, as is customary.
This order means that the appeals court ruling stands as the law of Oregon. All lesbian couples who have a child using donor insemination are now both the legal parents of the child. As we say about the DC law on the subject, however, the nonbiological mother should get a court order - of parentage or adoption - because other states may disregard another state's statute that they disagree with but must respect the court orders of other states.
Congratulations to Portland attorney Mark Johnson on this important win. Now the non-bio mom, Sondra Shineovich, returns to the trial court to argue for custody/visitation of her two children.