Arizona Supreme Court

Kimberly McLaughlin v. Hon. jones/suzan McLaughlin

September 19, 2017

Summary

The court held that Arizona's marital paternity presumption must apply to a female spouse in a same-sex marriage because denying that benefit would violate the Fourteenth Amendment. It extended the presumption to Suzan and held that Kimberly was equitably estopped from rebutting Suzan's presumptive parentage based on their parenting agreement, Suzan's reliance, and her relationship with the child. The court vacated the court of appeals' opinion, affirmed the trial court's determination that Suzan is the child's legal parent, and remanded for further proceedings.