In re M.B.
GLAD is representing a non-birth mother in New Hampshire, S.B., whose ex-partner, M.D., has kept her from seeing their eleven year old daughter for the last nine months. S.B. and M.D. raised their child, M.B., together from her birth in 2002 until age six, and then co-parented her for over five years after they split up. At the time of M.B.‘s birth, the couple could not marry or adopt – both of which would have established S.B.‘s legal parentage. As a result, a guardianship was the only way to establish S.B.‘s legal relationship with their daughter.
Earlier this year, M.D. terminated that guardianship in family court, cut off contact between them, and began proceedings for her new husband to adopt M.B. – essentially attempting to erase S.B. from her daughter’s life. Desperate for help, S.B. contacted GLAD Answers.
With GLAD’s representation, S.B. is doing everything she can legally to see her daughter again – including opposing the termination of the guardianship, filing a petition to establish her parental rights, and seeking to intervene in the adoption proceeding.
S.B.‘s case is now before the New Hampshire Supreme Court, where she is represented by GLAD attorney Janson Wu and co-counsel Kysa M. Crusco of Crusco Law Office. While the guardianship, parentage, and adoption issues are all consolidated before the Court, at the end of the day, S.B. is seeking nothing less than re-establishing her parental role to M.B.
In addition to filing our brief on behalf of our client, GLAD coordinated two amicus briefs: a brief filed by 19 family law professors from across the country supporting S.B.’s legal position, and a brief by LGBT and Assisted Reproductive Technology (ART) organizations explaining the importance of protecting families created through ART.
Briefing closes December 13, and we expect the court to expedite oral argument in the case.