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Thursday, January 28, 2010
Ind. Courts - More on: Oral argument in COA involving the Paternity of Infant R
Supplementing this afternoon's ILB entry on the Paternity of Infant R, Charles Wilson of the AP has now written a long, comprehensive story on the argument and the issues involved. Don't miss it. Here is a sample:
On Thursday, attorney Steven Litz asked the Court of Appeals to intervene, challenging the constitutionality of Indiana's paternity law because it allows men — but not women — to establish legal parenthood.Arizona and Maryland courts have struck down similar paternity laws in surrogacy situations, Litz said.
Deputy Attorney General Frances Barrow said courts in Massachusetts and New York had ruled their paternity statutes were inadequate to deal with reproductive technology and said judges should be guided by the principle of equity.
The three-judge panel clearly sympathized with the couple, who sat quietly behind Litz throughout the hearing and declined to talk with reporters. But the judges preferred not to delve into constitutional issues. They spent much the 40-minute hearing trying to craft a simpler solution that could be used as a precedent.
“It seems to me that everyone's singing the same song,” said Chief Judge John G. Baker. “We just want to make sure we're in tune.”
Litz said he didn't care how it was done, as long as V.G. was recognized as the child's mother.
Barrow agreed the Constitution needn't come into play.
Posted by Marcia Oddi on January 28, 2010 07:41 PM
Posted to Indiana Courts