Cases & Advocacy

B.F. v. T.D.

Status: Closed

Outcome: Loss

Location: Kentucky

B.F. and T.D., a lesbian couple, were in a committed relationship for seven years. When their attempts to get pregnant were unsuccessful, the couple decided to adopt. Because the availability of second parent adoptions is unclear in Kentucky, only T.D. adopted the child. For the next six years, the couple raised their child together. After the couple separated, however, T.D. cut off all contact between B.F. and the child, forcing B.F. to file for visitation. Both the trial court and the Kentucky Court of Appeals held that B.F. was not a de facto parent under the statute, which requires that a person must be a child’s “primary caretaker.” The Kentucky Supreme Court agreed to review the case. On June 15, 2006, the Kentucky Supreme Court affirmed the decision below holding that, based on the facts of the case, B.F. did not meet the statutory standard for being a de facto parent.