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K.M. v. E.G.

No. A101754.

13 Cal.Rptr.3d 136 (2004)

K.M., Plaintiff and Appellant, v. E.G., Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

As Modified on Denial of Rehearing June 9, 2004.

Review Granted September 1, 2004.

Attorney(s) appearing for the Case

Hersh Family Law Practice, Jill Hersh, Stephanie Wald, San Francisco, for Plaintiff and Appellant.

Sideman & Bancroft LLP, San Francisco, Diana E. Richmond, for Defendant and Respondent.

Shannon Minter and Courtney Joslin for National Center for Lesbian Rights on behalf of Plaintiff and Appellant.

Marvin R. Ventrell for National Association of Counsel for Children and Donna Wickham Furth, San Francisco, for Northern California Association of Counsel for Children as Amici Curiae on behalf of the minors.

SIMONS, J.

Appellant K.M. donated her eggs so that her lesbian partner, E.G., could bear a child through in vitro fertilization. The couple orally agreed that E.G. would be the only parent unless and until there was a formal adoption. E.G. gave birth to twins, and both women took on parental responsibilities; adoption proceedings, however, were never initiated. While K.M. does not dispute that E.G., the birth mother, qualifies as the children's parent, she argues...

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