Robb, J.
Case Summary and Issue
In 2006, Kristy Gardenour and Denise Bondelie entered into a formal registered domestic partnership (“RDP”) in accordance with California law. In California, registered domestic partners share the same rights granted to and obligations imposed upon spouses. After moving to Indiana, Kristy and Denise agreed to co-parent a child. In 2012, Kristy was artificially inseminated, and the following year, gave birth to a son, C.G. In early 2015, Kristy filed a petition seeking to terminate the RDP. The trial court terminated the couple’s RDP, awarded Denise joint legal custody of C.G. and parenting time and ordered her to pay child support. Kristy now appeals, raising multiple issues, which we consolidate and restate as: (1) whether the trial court erred in concluding Kristy and Denise intended and agreed to become registered domestic partners with equal rights as married couples and further erred in determining the couple’s RDP agreement established a spousal relationship, (2) whether the trial court erred in concluding Denise is C.G.’s legal parent, and (3) whether the trial court abused its discretion in awarding Denise joint legal custody and parenting time and ordering her to pay child support. We conclude Kristy and Denise intended to enter into a RDP agreement in accordance with California law. Pursuant to California law, Kristy’s and Denise’s RDP established a relationship virtually identical to marriage, and under the principle of comity, we recognize their relationship as a spousal relationship. We further conclude Denise is C.G.’s legal parent under Indiana law, and the trial court did not err in awarding Denise joint legal custody and parenting time and ordering her to pay child support. We affirm.
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In addition, we do not see how the trial court erred in recognizing the couple’s RDP was the equivalent of marriage. Indiana’s recognition of a foreign marriage is a matter of comity. Mason v. Mason, 775 N.E.2d 706, 709 (Ind. Ct. App. 2002), trans. denied. “On comity grounds, Indiana will accept as legitimate a marriage validly contracted in the place where it is celebrated.” Id. Comity “represents a willingness to grant a privilege, not as a matter of right, but out of deference and good will.” Id. (citation omitted). However, Indiana courts “need not apply a sister state’s law if such law violates Indiana public policy.” Id.
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…Thus, recognizing this spousal relationship does not go against Indiana public policy, we conclude the evidence supports findings 8 and 10, and the trial court did not err in concluding Kristy and Denise agreed to enter a spousal relationship in accordance with California law nor did it err in recognizing their spousal status.
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Given Denise’s and Kristy’s spousal relationship and the fact C.G. was born, and has always lived, in Indiana, we next address whether Denise is C.G.’s legal parent under Indiana law. Kristy contends Denise is not C.G.’s legal parent, arguing an agreement between domestic partners to co-parent a child born by artificial insemination is not enforceable. Denise counters she is C.G.’s legal parent, arguing the couple’s RDP agreement established a spousal relationship recognizable under comity and Denise and Kristy knowingly and voluntarily agreed to co-parent a child by artificial insemination. We agree with Denise.
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Kristy maintains Levin and Engelking are inapplicable to the present case because Kristy and Denise were not married when C.G. was born. [Footnote omitted.] Kristy is correct to the extent Kristy and Denise were not “married.” But that is not a relevant distinction. [Footnote omitted.] Kristy and Denise entered into a formal RDP agreement equivalent to marriage under California law, and given Indiana’s principle of comity, we recognize their spousal relationship and treat them similarly to the married couples in Levin and Engelking.
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…We therefore conclude Kristy and Denise, as spouses, knowingly and voluntarily consented to artificial insemination. Denise is C.G.’s legal parent.
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Conclusion
California allows same-sex individuals to enter into RDP agreements. Under California law, parties to a RDP are treated virtually identical to married spouses. Kristy and Denise contracted to enter into a relationship equivalent to marriage, which we recognize under comity. In Indiana, spouses who knowingly and voluntarily consent to artificial insemination are the legal parents of the resulting child. The trial court did not err in concluding Denise is C.G.’s legal parent, in awarding her joint legal custody and parenting time, and in ordering her to pay child support. Accordingly, we affirm.
Affirmed.
Najam, J., and Crone, J., concur.