Madrone and Madrone

ORS 109.243 applies to unmarried same-sex couples who have a child through artificial insemination if the partner of the biological parent consented to the insemination and the couple would have chosen to marry had that choice been available to them.

Lorrena Madrone (Lorrena) gave birth to a daughter, R, who was conceived by artificial insemination, while in a relationship with Karah Madrone (Karah). Lorrena and Karah registered for a domestic partnership after the Oregon Family Fairness Act took effect allowing them to do so, which was after the birth of R. The couple later separated. Karah brought action for dissolution of the domestic partnership, seeking a “declaration that she is R’s legal parent by operation of ORS 109.243,” among other claims. The trial court granted summary judgment in favor of Karah based on the case Shineovich and Kemp. Lorrena appealed. The Court points to the choice to be married as the key to determining whether ORS 109.243 applies. If the couple would have chosen to be married at the point in time in question, then the statute applies. Since this is a question of fact, and a fact that tends to be supported in the relevant facts in this case, the Court determined that the trial judge erred in awarding summary judgment. Reversed and remanded.