Michigan Court of Appeals opinion cites amicus brief co-authored by Professor Joslin

An amicus brief authored by Professor Courtney Joslin and Yale Law School Professor Doug NeJaime was cited favorably in a concurring opinion in a case decided by the Michigan Court of Appeals. 

The case involves a lesbian couple who had twins conceived using reciprocal IVF; one woman provided the eggs used in the IVF and the other woman gave birth. After the twins were born, the parties co-parented them for nearly seven years. During a subsequent custody proceeding, the trial court -- on its own motion -- questioned whether the birth mother was a legal parent, and ultimately held that she was not. 

The amicus brief -- which was joined by more than 40 family law professors –- argued this conclusion was erroneous. 

In its April 1 decision, the Michigan Court of Appeals agreed with that position, unanimously reversing the trial court’s decision and holding that both women are legal parents of the twins. The concurring opinion by Judge Elizabeth L. Gleicher favorably cited the amicus brief. 

King Hall law students Ali Ross ’21 and Anneliese Bradley ’22 assisted with research related to the brief. 

The majority opinion is available here. The concurring opinion is available here. 

Professor Joslin is a scholar in the field of family and relationship recognition, with a particular focus on same-sex and non-marital couples.