September 2014 | 295 P.3d 542 (Kan. 2013)

Frazier v. Goudschaal (Kansas 2013)

Under the Kansas Parentage Act (KPA), based on the Uniform Parentage Act (UPA), any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. K.S.A. 38-1126. A woman claiming to be a presumptive mother of a child is an interested party under the KPA. Kelly Goudschaal and Marci Frazier were committed to a long-time, same-sex relationship, during which they jointly decided to have two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that, among other provisions, addressed the contingency of a separation. A few months after the couple separated, Goudschaal notified Frazier that she was taking the children to Texas, prompting Frazier to file this action, seeking inter alia to enforce the coparenting agreement. The district court’s final order divided all of the women’s property, awarded the couple joint legal custody of the two children, designated Goudschaal as the residential custodian, established unsupervised parenting time for Frazier, and ordered Frazier to pay child support.

Frazier v. Goudschaal.pdf

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