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MARIA B. v. SUPERIOR COURT

No. C042077.

13 Cal.Rptr.3d 494 (2004)

Elisa MARIA B., Petitioner, v. The SUPERIOR COURT of El Dorado County, Respondent; Emily B. et al., Real Parties in Interest.

Court of Appeals of California, Third District.

Review Granted September 1, 2004.

Attorney(s) appearing for the Case

Hanke & Williams and Shelly L. Hanke, Garden Grove, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, James M. Humes, Senior Assistant Attorney General, Frank S. Furtek and Mary Dahlberg, Deputy Attorneys General, for Real Party in Interest El Dorado County.

Valerie Ackerman, San Francisco, for National Center for Youth Law; Alice Bussiere for Youth Law Center; and Shannan Wilber for Legal Services for Children as Amici Curiae on behalf of Real Party in Interest Emily B.

SCOTLAND, P.J.

This case poses the question whether a person in a same-sex relationship, who encourages her partner to give birth to a child via artificial insemination and who then holds out the child as her own, can be required to pay child support after she and her partner split up.

While together as partners in a same-sex relationship, Elisa B. and Emily B. each gave birth to a child conceived by artificial...

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