Abstract
In order to maintain efficiency and fairness in the process of making custody determinations when same-sex partners who are also parents split, I argue that courts should use a more permissive standing test to determine which parents can seek a substantive determination of their parental right. The determination of whether a non-biological, nonlegal parent from a same-sex relationship has standing should be based on a simple, easy-to-determine test. The test would only allow court access to parents who were in relationships with the biological parent at the time of the child’s conception and birth, and who claim that they intended to be a parent to the child before, during, and after the child’s birth. The standing test would be a prima facie determination allowing the nonlegal, non-biological parent access to the court to prove that custody and visitation rights would be in the best interests of the child.