Jane Doe v. Jane Doe IAnnotate this Case
The issue at the center of this case, presented for the Idaho Supreme Court's review, required it to resolve a custody dispute between Jane Doe I, Child’s natural mother, and Jane Doe, the natural mother’s former partner. During the course of Mother and Partner’s relationship, Mother conceived a child via artificial insemination. After the parties separated, Partner filed a petition to establish parentage, custody and visitation with Child. Partner advanced two legal arguments to support her petition: (1) the Court’s decision in Stockwell v. Stockwell, 775 P.2d 611 (1989), provided an independent cause of action by which the court could grant custody to Partner; (2) argued that she should be deemed a parent under Idaho Code section 39-5405, Idaho’s artificial insemination statute, because she consented to the artificial insemination. As part of this argument, Partner contended that Idaho’s artificial insemination statute violated Child’s rights and her rights under the Equal Protection Clause of the United States Constitution by discriminating against children born outside of marriage. The magistrate court denied Partner’s claim for parentage, but granted her visitation rights under "Stockwell." After review, the Supreme Court concluded: (1) "Stockwell" did not create an independent cause of action for a non-parent seeking custodial rights to a minor child; and (2) the magistrate court properly dismissed the parentage claims brought pursuant to the Artificial Insemination Act. The judgment of the magistrate court was reversed in part and affirmed in part. The case was remanded to the magistrate court to vacate the temporary visitation order that was entered.