All eyes are on the Proposition 8 trial taking place in San Francisco, but another, local trial could also have a major impact on gay rights in the state. At stake is the fate of two infants, Max and Levi Smith-Quale, and who should have custody over them.
All eyes are on the Proposition 8 trial taking place in San Francisco, but another, local trial could also have a major impact on gay rights in the state. At stake is the fate of two infants, Max and Levi Smith-Quale, and who should have custody over them.
Maggie Quale, the biological mother of the children, had the twins while still partnered with Kim T. Smith. They broke up five months after Max and Levi were born, and Quale gained sole custody over the two infants. Now Smith is suing for joint custody, but the case has an unusual twist. Quale has since entered into a romantic relationship with the sperm donor who is the boys’ biological father. Wallace was paid $500 for the sperm that was used to inseminate Quale. Smith’s insurance paid for the procedure.
Smith argues that she has rights because she was Quale’s domestic partner when the children were born. Both she and Quale are listed as parents on the children’s birth certificate. The introduction of Wallace to the saga only complicates matters, because he may also have custody rights as the boys’ biological father. Efforts to resolve the situation out of court have failed, and a court hearing will be held in Santa Cruz on Jan. 29. Read more at the Santa Cruz Sentinel.
