Gatsby v. Gatsby

495 P.3d 996 (2021)

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Gatsby v. Gatsby

Idaho Supreme Court
495 P.3d 996 (2021)

  • Written by Liz Nakamura, JD

Facts

Linsay Gatsby (plaintiff) and Kylee Gatsby (defendant), a married couple, decided to have a child together via artificial insemination using sperm donated by a mutual friend. Linsay and Kylee drafted and signed an artificial-insemination agreement stating that the donor relinquished all parental rights and that the recipient of the donated sperm intended to exert full parental rights over the resultant child. Linsay artificially inseminated Kylee; a physician was never involved. Both Linsay and Kylee were listed on the birth certificate. The child lived with both Linsay and Kylee, but Kylee was the primary caregiver. Linsay never adopted the child. Approximately one year later, Linsay filed for divorce following a domestic-violence incident. Linsay was initially granted sole custody of the child, but that was subsequently changed to joint custody. After one year of joint custody, the magistrate court granted Kylee sole custody, holding that (1) Linsay could not be classified as the child’s legal parent under either the common-law presumption of parentage for married couples or under Idaho’s Artificial Insemination Act (AIA) and (2) assigning sole custody to Kylee was in the child’s best interest because Kylee had a healthier relationship with the child. Linsay appealed, arguing that she had complied with all relevant portions of the AIA. The district court affirmed. Linsay then appealed to the Idaho Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Moeller, J.)

Dissent (Stegner, J.)

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