Legg v. Commonwealth

500 S.W.3d 837 (2016)

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Legg v. Commonwealth

Kentucky Court of Appeals
500 S.W.3d 837 (2016)

  • Written by Tammy Boggs, JD

Facts

Tiffany Legg (plaintiff) and Candace Back (defendant) were in a same-sex relationship. At the time they entered a civil union in 2010, Back was pregnant. Shortly after Legg and Back entered their civil union, Back gave birth. Legg and Back designated Legg as the “father” of the baby, Ethan, on Ethan’s birth certificate despite Legg’s knowing that she was not Ethan’s biological father or parent. The biological father was William Bachman, who disclaimed any parental role. Legg and Back named the baby Ethan Aldridge-Legg. Aldridge was Back’s maiden name. For about the next four years, Legg and Back raised Ethan together. In March 2014, the couple decided to divorce. The family court found that Legg had acted in loco parentis with respect to Ethan and that Legg was Ethan’s parent as a matter of law and equity. The court accordingly ordered Legg to pay child support. Legg appealed, arguing that she was not the biological father and thus not obligated to pay child support.

Rule of Law

Issue

Holding and Reasoning (Lambert, J.)

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