Boseman v. Jarrell: A Gay Mother Tries to Use Legal Discrimination To Her Advantage

Julia Boseman and Melissa Jarrell were domestic partners in Wilmington, North Carolina, and always wanted to raise a child together. In May of 2000, they decided to make their dream a reality, and began the process of having a baby. They decided that Melissa would do the child-bearing, but Julia would be equally involved in the process in every other respect. They  chose an anonymous sperm donor together after researching and discussing various options. They jointly attended the medical session necessary to conceive their child and to administer proper prenatal care. Julia read to the gestating child in Melissa’s womb and played music for him; she also cared for Melissa during her pregnancy and was present at the birth. Melissa and Julia jointly chose their son’s first name, and agreed that he should have a hyphenated last name composed of their surnames. In every way, they behaved publicly and privately as the parents of the child, introducing him into their respective extended families.

But North Carolina refuses to recognize same-sex marriages, so in the eyes of the state, Julia was not legally a parent. To remedy this obstacle, she sought and received a court order adopting the child without severing her partner’s legally recognized parental rights. Officially, their child now had two, same-sex parents. Then the couple split acrimoniously, with the acrimony greatly magnified when Melissa sought to limit Julia’s contact with her son.

Julia sued, arguing that she was the child’s parent as much as Melissa. Continue reading