Two women and one man all love one child. Now, one of the women who helped raise the child for her first six years wants visitation.

In this case two women living together decided to have a child through artificial insemination. They raised that child together for 6 years, then they broke up.

According to Nancy Sapiro the attorney for Mian Carvin (the woman who's not the biological mother), the biological mother won't let Carvin see the child.

"In January 2002 the biological mother severed all contact," said Sapiro.

Since then, the biological mother has married the sperm donor.

When the case went to court a judge found that both parties care deeply for the child. Court documents say Carvin "cannot establish parentage because she is neither the birth mother, nor the donor of the egg or ovum."

The judge went on to say..."The only way a man would have status as a child's parent, under the facts of this case would be if he were married to the birth mother of the child...and there is no common law marriage in Washington."

Carvin could have assured herself partial custody when she and the defendant were together. Washington state does not recognize same sex marriage but it does recognize same sex adoption. Carvin never adopted, but now wants visitation.

"Adopting is something that when families are together and you're living together and operating as a family you don't think of the legal steps one needs to take to secure your status," said Sapiro.

Friday the Carvin and Saprio will ask the Appelate Court Judge to put the case back to trial court to start over and figure out what's in the child's best interest.

KOMO 4 News contacted the defendant's attorney, but our call was not returned.