Equitable Considerations for Families with Same-Sex Parents: Russell v. Bridgens, 264 Neb. 217, 647 N.W.2d 56 (2002), and the Use of the Doctrine of In Loco Parentis by Nebraska Courts

Authors

Katie A. Fougeron, University of Nebraska College of Law

Abstract

“Family” as a social entity has metamorphosed into various forms, expanding the boundaries of its definition beyond those that existed traditionally. The Nebraska Supreme Court’s opinion in Russell v. Bridgens illustrates Nebraska’s venture into the relatively uncharted territory of the legal relationships between same-sex parents and their children. This Note explores the law of second-parent adoption as it has developed among the states, the facts and opinions of Russell, and the doctrine of in loco parentis as applied by Nebraska and other state courts. This Note argues that, in light of the willingness of Russell’s concurring judges to apply the doctrine of in loco parentis to custody disputes between separated same-sex partners, courts in Nebraska should follow the concurring judges’ lead and not hesitate to apply the doctrine as needed on a case-by-case basis in order to respond to the current needs of families and to provide for the best interests of children.

Recommended Citation

Katie A. Fougeron, Equitable Considerations for Families with Same-Sex Parents: Russell v. Bridgens, 264 Neb. 217, 647 N.W.2d 56 (2002), and the Use of the Doctrine of In Loco Parentis by Nebraska Courts, 83 Neb. L. Rev. (2004)
Available at: https://digitalcommons.unl.edu/nlr/vol83/iss3/13