Lesbian TV producer loses custody of her biological daughter in legal first after judge rules ex-lover is 'more responsible parent'

• Brook Altman and Allison Scollar had a child six years ago after a friend donated sperm
• When couple split, bitter battle over who should have custody
• Altman fled with daughter to California and accused Scollar of child abuse
  
• Judge ruled Scollar was more responsible and had child's best interests at heart

By Rachel Quigley

Published: 09:36 EDT, 1 October 2012 | Updated: 09:42 EDT, 1 October 2012

A TV producer lost full custody of her biological daughter after the judge ruled her lesbian lover was the more responsible parent - the first case of its kind in New York involving a same-sex couple.

A Family Court judge ruled against Emmy-winning TV producer Brook Altman, from New York, in favor of the six-year-old's adoptive mother Allison Scollar.

In October 2006, Altman gave birth to the lesbian couple's baby daughter after a sperm donation from Scollar's close friend Robert Frame.

Lesbian lovers: Brook Altman, left, and Allison Scollar, had been together four years when they decided to have a child together with a sperm donation from a friend

Custody: Manhattan real estate attorney Allison Scollar, right, defeated the little girl's biological mom, Emmy-winning TV producer Brook Altman, left, in a bitter court battle

The now-estranged couple had been together four years and were living together at the time after meeting on a blind date.

Frame renounced his parental rights and Scollar, who is a Manhattan real estate attorney, legally adopted the baby girl.

But tension arose when Frame insisted he had a say in the raising of the child and the biological parents often took each other's side and alienated Scollar, according to the New York Post.

After the couple eventually split in 2010, Altman fled to California with their daughter.

Scollar sought - and was immediately granted - temporary custody of the child by a New York judge, and Altman was ordered to return.

After that, what had started out as an acrimonious split soon turned ugly.

According to Scollar, her former partner started accusing her of being an alcoholic and of child abuse, so much so that the Administration for Children’s Services performed a gynecological examination of the girl - leaving her traumatized.

Happier times: Though Brook, left, was the girl's biological mother, a judge ruled that Allison, right, the adoptive mother, was the more responsible parent

Scollar told the New York Post days after she was awarded custody: 'Love doesn't just come from biology. And the minute I saw this little baby, I knew she was mine'

Altman herself later admitted that 'she did not believe the child was sexually abused' but insisted she had a 'ball' and a 'blast' at the examination, according to the New York Post.

In the ruling, the judge said the biology of the child was irrelevant and that Scollar was 'indeed the more responsible parent looking out for the child’s best interests, not her own interests'.

She added that Altman, a former producer for Martha Stewart’s TV show, 'behaved more as a friend or older sister than a responsible parent.'

She noted that Scollar had the child on a schedule, always brought her to school on time and to therapy appointments.

Altman, on the other hand was a 'freer spirit' and a 'more laid-back parent' who would 'miss therapy appointments or be late to school or camp bus because she overslept or felt that play dates were more important than therapy or that play dates should end late in the evening so that the child and she were too tired to commit to a schedule.'

Scollar told the New York Post days after she was awarded custody: 'Love doesn’t just come from biology. And the minute I saw this little baby, I knew she was mine.

'It’s a step closer to the gay community being acknowledged as parents. The law needs to catch up to diverse families — and it has.'

Altman is planning to appeal the decision, according to the Post.