Meet the Soon-to-Be 1st Trans Parents in South America

LGBT activist Diane Rodriguez and her boyfriend Fernando Machado are an Ecuadorian couple who are set to become South America’s first-known transgender parents. They recently announced their pregnancy which has received much support for the couple.trans couple

Rodriguez wrote in a Facebook post: “I’m going to be a mum, my boyfriend Fernando Machado is pregnant with me. After having spoken with my family, people who are very close to my life and social environment, I wish to make public one of the news that I think is the most important in my life and that of my partner, Fernando Machado.”

She added that she understood that the announcement would receive comments in favor and against the happy news, however, she believes the news is important for society to change and is something wonderful for her and her boyfriend to celebrate: “But as an activist and transsexual woman committed to a process of profound social transformation , I believe that public opinion must know this wonderful news : Fernando Machado and Diane Rodriguez will be mom and dad.”

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thenextfamily.com By Alex Temblador

in Family Stories / International / Parenting / Personal Stories  by Anthony Brown 2 comments

Supreme Court Blocks Order Allowing Transgender Student Restroom Choice

WASHINGTON — The Supreme Court on Wednesday temporarily blocked a court order that had allowed a transgender boy to use the boys’ bathroom in a Virginia high school.

The vote was 5 to 3, with Justice Stephen G. Breyer joining the court’s more conservative members “as a courtesy.” He said that this would preserve the status quo until the court decided whether to hear the case. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan dissented.

The court’s order has no effect on any other case.

new york probate process

The gavel of a judge in court

The move came amid a national debate over transgender rights. A North Carolina law that requires transgender people to use bathrooms in government buildings that correspond with the gender listed on their birth certificates has drawn protests, boycotts and lawsuits. A directive from the Obama administration threatening schools with the loss of federal money for discrimination based on gender identity has been challenged in court by more than 20 states.

The case in the Supreme Court concerns Gavin Grimm, who was born female but identifies as a male and will soon start his senior year at Gloucester High School in southeastern Virginia. For a time, school administrators allowed Mr. Grimm to use the boys’ bathroom, but the local school board adopted a policy that required students to use the bathrooms and locker rooms for their “corresponding biological genders.” The board added that “students with gender identity issues” would be allowed to use private bathrooms.

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New York Times – By ADAM LIPTAK

in Ethics / In the News / Legal / Legislation / Religious  by Anthony Brown 1 comments

ALEC MAPA AND JAMIE HEBERT: FAME, FAMILY, AND FOSTER CARE

“I was booked to perform at one of her R Family Vacations cruises in 2007,” recalls actor Alec Mapa, telling Gays With Kids that he and husband Jamie Hebert were surrounded by so many LGBT families that they just knew fatherhood was in the cards for them, too.

“I met a social worker on the ship specializing in helping LGBT families find foster-adopt placement,” Mapa continues, describing how he got her card and promptly lost it back on land in the junk drawer that is his garage. What happened next was kismet.

“So, when I was finally ready to call this woman, I realized that card was in a box somewhere in that garage! And I reached into a box, and the first thing I touched on was that card. We went to meet her at the Extraordinary Families agency, we took the foster-adopt courses … and nine months later we had a kid living in our house.”alec mapa

If you don’t know “America’s Favorite Gaysian,” you know his face: Mapa’s resume is catalog of critically-acclaimed comedy, from “Desperate Housewives” and “Ugly Betty” (where he played the hyperkinetic Suzuki St. Pierre) to “Devious Maids” and “The Gossip Queens.” He met producer Hebert on the set of his one-man show “Drama” in 2002 and the two have been an item ever since, marrying in 2008.

But this journey to fatherhood differs from most. When Zion came into their lives, he was the kind of kid most prospective parents don’t touch: He was African-American, he was a boy, and, at age five, he was old. Moreover, he was a foster-child, meaning his birthmother had not yet signed away her parental rights. To top it off, he had already been placed with four other families before Alec and Jamie got a hold of him.

“And were like, ‘This is our kid! We’re not giving him back!’” Mapa, 51, laughs. “Three months into our foster placement, he had the TPR — termination of parental rights — and nine months later, he was ours!”

Foster care and adoption are two different legal animals. The latter completely and permanently signs over the rights and responsibilities of the child from the birthparents to the adoptive parents. The child takes the surname of their new family and loses all automatic rights of inheritance with the old. A foster child can, and often does, maintain ties with their biological family even while in the care of another, and the biological parents have the final legal say in decisions concerning their child. Additionally, fostering lacks the permanency of adoption; children often shuffle from one foster family to another until they reach the age of 18, whereupon they are effectively cut loose.

For all the good intentions, it is no secret American foster care is overburdened, with up to 250,000 children entering yearly. It’s not all doom and gloom; 33 percent are back with their families within 11 months, and only seven percent of foster kids remain in care for more than five years. However, the longer a child stays in, the harder it is to get out. Chances for permanent placement drop drastically for children over five, siblings, children of color, and for self-identified LGBTQ youth. Some leave the system only after “aging out” of it, and can face the possibility of being family-less.

“The children in foster care deserve better,” says Rich Valenza, founder and CEO of Raise A Child, Inc., a foster-adopt advocacy and education resource for prospective LGBTQ parents (and for which Mapa is now a spokesperson). “Given the numbers, the solution to the foster care crisis is within reach and the answer is right here within the LGBT community.”

The numbers to which Valenza refers come from a 2013 study conducted by the Williams Institute, a think tank at UCLA Law, confirming no significant difference in children raised by straight and LGBTQ parents, and stated two million gay, lesbian, and bisexual people express an interest in foster parenting. That number dwarfs the 400,000 children in the American foster care system, 104,000 of whom are available for adoption as of this writing.

Adds Mapa, “When we were talking about adoption, I wanted a baby. And when we met Zion, he was five and that was a baby. When you are five, you still need your mommy, you still need your daddy. Or two guys with a really cute house!”

by GaysWithKids.com, August 1, 2016

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in Family Stories / Foster / Foster Care / Parenting / Personal Stories  by Anthony Brown 2 comments

Right of Survivorship in Real Property

The right of survivorship in real property is perhaps one of the most important estate planning tools.

For many people, the home is not only their most valuable asset, but it is the one asset that they rely on to secure their own future and those of their children. Owning property as joint tenants with right of survivorship, or JTWROS, assures a quick and seamless passage of that property upon the death of one   of the joint tenants, or owners.

There are several ways to own real property and each state has variations of each particular form. The three most common are: tenants in common, joint tenants with right of survivorship and tenants by the entirety, or as spouses.  Each has their own very important distinctions and characteristics.right of survivorship, JTWROS, joint tenants

Tenants in Common – Real property owned as tenants in common, TIC, is owned by each individual property owner is separate shares, i.e. 50% and 50%.  The key attribute of TIC owned real property is that if one owner dies, that owner’s share in the TIC property passes into his or her estate and must pass through probate to be transferred to its successor owner.  Many who own property with another person who is not a member of their family prefer to own real property as TIC so that they can pass on their share to family members upon their death.  The deed to a property owned as TIC will define the owners as, “John Doe and Jane Doe.”  There will be no other description on the deed.

 

Joint Tenants with Right of Survivorship, JTWROS – The most significant and powerful characteristic of owning property with a right of survivorship is that the joint owners both own the entirety of the property at the same time; therefore there is nothing to pas upon the death of one joint owner.  The property does not go through a lengthy and costly probate process.  One catch is that property which passes automatically may not be eligible for more sophisticated tax planning which could save a surviving spouse, for instance, in estate tax upon the death of the second spouse.  For individuals whose assets do not meet the state or federal estate tax limits, JTWROS ownership can be an extremely beneficial and effective means of transferring assets upon death.  The deed to a property owned as JTWROS will define the owners as, “John Doe and Jane Doe as joint tenants with right of survivorship,” or “John Doe and Jane Doe, JTWROS.”

Tenants by the Entirety, as spouses – This type of real property ownership is reserved for legal spouses and possesses the same protections that JTWROS ownership provides, with one distinct benefit.  No creditor of one spouse may attach their interest to the other spouse’s ownership share in the home they own as tenants by the entirety.  This is a critical protection mechanism to honor and provide for spouses owning property together. The deed to a property owned as Tenants by the Entirety will define the owners as, “John Doe and Jane Doe as husband and wife,” or “John Doe and Jane Doe, as spouses.”

It is critical for an attorney to review any existing deed that you may have to ensure exactly what type of real property ownership that you have. Your entire estate plan may be dependent on the characterization of your real property ownership.  For more information about real property ownership, and more, contact Anthony M. Brown at Anthony at timeforfamilies.com or visit www.timeforfamilies.com today or email Anthony at anthony@timeforfamilies.com.

in Estate Planning / Featured Articles / Services  by Anthony Brown 1 comments