IDAHO SUPREME COURT CASE NO. 47710-2020 GATSBY v. GATSBY
Dec 09, 2020OUTCOME: DECISION PENDING FROM THE IDAHO SUPREME COURT
This was an appeal of a decision awarding the biological mother of a child conceived through artificial insemination during a same sex marriage sole legal and physical custody of the child in which I r ... epresented the biological mother. The opposing party appealed from the Magistrate's decision that she had no legal parental relationship with the child, and challenged the constitutionality of Idaho's Artificial Insemination Act, Idaho's Paternity Act and the Magistrate's application of Idaho's common law presumption of paternity. On appeal to the District Court the Magistrate's ruling was upheld. The case was argued before the Idaho Supreme Court on December 9, 2020 and the case is now pending a decision from the Idaho Supreme Court.
