Indiana Court of Appeals
Nicole Olbera, et al. v. Tiara Sykes
No. 25A-JP-2005
Juvenile. Appeal from the Marion Superior Court, Magistrate Daun A. Weliever. Reverses and remands with instructions. Holds the trial court erred in dismissing Demaj Baker’s paternity petition and in determining Sykes was the child’s legal parent because, although the marital presumption applied to Sykes as a same-sex spouse, that presumption is rebuttable and Baker presented clear and convincing evidence rebutting it by establishing his biological parentage and the absence of any enforceable sperm donor agreement relinquishing his parental rights; the court further concludes the trial court improperly treated the presumption as a rule of parentage rather than a rebuttable presumption. Judge DeBoer authored the opinion. Judges Brown and Altice concur. Appellants’ attorneys: Thomas Roberts, Roberts Law, Noblesville, Indiana; Georgia Dunkerley, Harshman Ponist Smith & Rayl, Indianapolis, Indiana. Appellee pro se: Tiara Sykes.
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