Portuguese president vetoes Portuguese surrogacy law

Portugal’s center-right President Marcelo Rebelo de Sousa Tuesday vetoed a law authorizing surrogacy in some cases where a couple cannot conceive, quashing Portuguese surrogacy law adopted by parliament in May.

 

LISBON: In a statement, the president’s office said the Portuguese surrogacy law did “not conform to the conditions set out by the National Council for Ethics for the Life Sciences” which had demanded tighter rules on surrogacy.

Parliament had adopted the bill allowing a woman to carry a child for another person or couple in some cases where women cannot conceive, provided the surrogate mother is not paid.international surrogacy

The legislation, which had supporters from across the left-right divide, was adopted by a slim majority, despite opposition from Portugal’s powerful Catholic Church.

The veto does not necessarily spell the end of the road for the campaign to legalize surrogacy.

Under the constitution, parliament can still override a presidential veto to promulgate a law if an absolute majority of all MPs back it.

While quashing the surrogacy law de Sousa gave his seal of approval to legislation giving lesbian couples and single women to have in-vitro fertilization (IVF).

Portugal is not the only European country where surrogacy is prohibited.

France, Germany and Italy prohibit surrogacy, which critics have dubbed “wombs for rent”.

Agence France Presse – June 8, 2016

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Same-Sex Couple Details Adoption Hurdles

For the majority of their relationship, Alphonso Reyes, 34, and his husband Melvin, 41, have dreamed of becoming fathers. In fact, they started talking about parenting on their first date.

 

Some six years later, the conversation may be closer to a reality for the Bronx, New York residents. The process, however, has not been simple.

“There is just a lot of red tape regardless of if you are LGBT or not,” Reyes told NBCOUT. He did acknowledge there are additional hurdles for gay couples.

“A lot of agencies do not want to adopt to same-sex couples. The way we have experienced it was through a lot of feet dragging.”adoption

Over the past year, the couple has fostered two children. The first, a newborn baby girl, was an emergency placement and temporary. The agency they worked with placed the child with another foster parent after only two months.

The couple has been fostering their son, whose name they prefer not to share, since February. They are in what is called pre-adoptive status – where the birth parents’ rights have been revoked and the child is eligible for adoption.

“Right now, everything is still in court; we do not have a date,” Reyes explained. “From the day he came in our home, he started calling us Daddy and Papi … So, he will always be our son, officially adopted or still in foster care.”

Fostering a child may be the best route to becoming adoptive parents for couples like Alphonso and Melvin Reyes. According to AdoptUSKids, a Maryland-based organization that assists LGBTQ couples in the adoption process, there has been an increase in children adopted out of foster care for at least the past 10 years.

“In 2014, 52 percent of the children and youth adopted were adopted by their non-relative foster parents,” Kathleen Ledesma, national project director for AdoptUSKids, told NBCOUT via email.

“The ‘enterprise’ of child welfare adoption,” Ledesma added, “centers on the best interest of the child, and that includes consideration for the child’s attachments to his or her caregiver and minimizing the number of moves a child has while in foster care.”

There are currently 415,000 children and youth in foster care in the United States, according to Ledesma, and of that number, 108,000 are available for adoption.

While there is no reliable data at the national level regarding the number of same-sex couples being approved for adoption, Ledesma said LGBTQ families and individuals are at greater risk for dropping out of the approval process to foster or adopt. The reason for this may be the additional challenges these families face.

In 2008, AdoptUSKids worked with the Children’s Bureau to draft Report to Congress: Barriers and Success Factors in Adoption. The report was an effort to help lawmakers understand better the issues facing LGBTQ families in the adoption process.

NBCNews.com, June 7, 2016 by Mashaun D. Simon

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Gay couples are becoming reproductive refugees as more countries outlaw surrogacy

The options for becoming parents are narrowing for gay couples as both developed and developing nations increasingly outlaw surrogacy, many becoming reproductive refugees.

Gay couples who need surrogacy to start a family are now reproductive refugees as more and more countries outlaw surrogacy, according to advocacy group Families Through Surrogacy.

With surrogacy criminalized in many Western countries, would-be parents have typically turned to developing nations including Thailand, India and Nepal to find surrogates. But even these countries have, in recent years, closed their doors to international surrogacy. What’s more, countries that do still allow international surrogacy – such as Ukraine, Georgia and Israel – do not extend that offer to same-sex couples.

Sam Everingham, executive director of Australian advocacy group Families Through Surrogacy, told The Atlantic that outlawing reproductive rights for gay couples in their own countries sent them on ‘a constant chase’ across the globe, with more and more countries officially outlawing the practice as time goes on.

According to Doron Mamet, the head of Israeli surrogacy agency Tammuz, surrogacy has become such a political sticking point that it may not be available anywhere within the next ’10 to 15 years’. Interestingly, Mamet points out, while politicians and anti-surrogacy activists are eager to stamp out the practice, ‘The only group that wants it to continue are the people in need and the surrogates.’surrogacy refugees, international surrogacy, gay dads

Why outlaw surrogacy in developed countries?

In Australia, couples found to have practised commercial surrogacy in the country can go to jail for three years.

Australia’s federal government has recently ordered a review of the nation’s surrogacy laws, following high-profile cases of surrogacy gone wrong abroad. The government appears to be in favor of commercial surrogacy remaining illegal in the country, forcing gay parents to fork out huge sums for surrogates in the US, as cheaper options in developing countries dwindle.

UK gay couples find themselves with the same problem, as UK law also criminalizes commercial surrogacy.

In an interview with Gay Star News, the founder of gay parenting blog Gay Dads Australia, Rodney Chiang-Cruise, told of the frustration the gay community felt about criminalization of commercial surrogacy in Australia. He argued that legalizing the process within Australia would help make it ‘a fair, equitable, respectful process for all parties’. See more on that here.

While altruistic surrogacy is legal in Australia, figures from Families Through Surrogacy show that just 35 babies were born through altruistic surrogacy in Australia in 2013. Conversely, more than 400 babies were born to Australians through surrogacy abroad.

The cost of going through the surrogacy process in the US is around AUD $200,000.

GayStarNews.com by Laura Chubb, June 7, 2016

Click here to read the entire article.

Gay custody battles force law to define what a parent is

A spate of gay custody battles are forcing the law to reconsider what constitutes a parent, with one particular case in New York set to have major implications for many more LGBTI couples.

The New York Court of Appeals is to decide whether the ex-girlfriend of a child’s biological mother should have legal parenting rights – despite having never adopted the child in question, or been married to the biological mother in one a several gay custody battles that could define LGBT family law in New York and around the country.

Brooke Barone claims she acted as the child’s ‘Mamma B’ when her girlfriend Elizabeth Cleland gave birth after artificial insemination. But when the couple split up, Cleland reportedly denied Barone visitation rights to the child – which is what Barone is now fighting for in court. Cleland claims she does not feel safe leaving her child with Barone.

lesbian family law

drawing of a happy couple of lesbians and adopted child

Tangled gay custody battles

The argument against awarding parental rights outside of biology, marriage or adoption centers on the potential for opening up bogus parenting claims. These, lawmakers argue, could come from friends, nannies, or even abusive partners seeking to gain control and cause distress.

However, those in favor of broadening the definition of a parent point out heterosexual men have been recognized as parents without genetic or adoptive connections, in order to compel child support payments.

The legalization of same-sex marriage in the US has thrust the tangled legalities of same-sex families into the spotlight, with several similar cases currently being fought in other US states, including another typically gay-friendly state, Massachusetts. And in Canada, the premier of Ontario has pledged to change the law so that both parents in an LGBTI couple are immediately entered onto the birth certificate, hopefully avoiding gay custody battles. This is a huge change to the province’s current law, where a non-biological parent in a same-sex couple is forced to begin the lengthy and costly adoption process in order to be legally recognized.

Speaking to The Wall Street Journal, Columbia Law professor Suzanne Goldberg said that ‘It’s only an accident of law that leads one of those parents to be unrecognized [in these cases].’

New York decision to set precedent

Even when a partner has adopted the child, however, a biological parent looking to disavow their former partner of parentage has legal recourse – as a recent case involving a lesbian couple in Alabama showed. The Alabama courts were eventually obliged by the US Supreme Court to find in favor of the adoptive parent, however.

Click here to read the entire article.

GayStarNews.com – June 5, 2016 by Laura Chubb

Family Estate Planning

Family estate planning addresses the greatest concern of most families with younger children: ensuring their stability and security if something happens to a parent.

No one wants to think about a worst case scenario; however, that scenario will become much worse if there isn’t  family estate planning in place. The good news is that once it is completed, parents do not have to worry live in worry anymore.

There are many types of family estate planning and I will review several that may be helpful to your family. They include: basic estate planning, trust planning, guardianship planning and securing all parental rights to a child through adoption, if applicable.

Basic Estate Planning – In most states, a valid Last Will and Testament is the only legal way to name a guardian, other than the other biological or adoptive parent of a child, when one parent dies.  It is critical to have a Will in order to make this designation.  Most couples are concerned about something called a “simultaneous death event,” which is defined as a single event, or series of related events, that takes the lives of both parents.  A competent attorney will be able to prepare for this possibility in a Last Will and Testament, the cornerstone of a basic estate plan.estate planning , estate planning trust, glbt estate planning, lgbt estate planning, gay family law, wills, trusts

Basic estate plans should also include health care documentation known as Living Wills and Medical Powers of Attorney, or Healthcare Proxies. A Living Will states exactly what measures a person wants or does not want if certain specifically outlined medical conditions arise. It does not, however, authorize another person to make those decisions for the Principal of the Living Will.  A Medical Power of Attorney allows a designated person to have access to medical records and make specified medical decisions for the Principal.  For more information on basic estate planning, read my article here.

Trust Planning – A family estate planning trust is useful for parents who may not want to pass significant amounts of money to their minor children upon the parent’s deaths.  Trusts allow a parent to spread payments out over a longer period of time, appoint a trustee to manage those payments, provide for investment suggestions or advisors and include provisions to protect a beneficiary child if they have a substance abuse issue.

Trusts can also be useful tools to either bypass the probate process, which in many states can be long and complicated (a revocable trust), or to avoid estate taxation in the form of an irrevocable trust. For more information about how a family estate planning trust can help your family, read my article here.

Guardianship Planning – There are two general types of Guardianship Designations that are important parts of any estate plan.  The first is an adult Guardianship Designation, the second, a Guardianship designation for your children.  A child’s Guardianship Designation allows the parents of a minor to legally give another person the right to be designated by a court as the guardian of the child’s property and person.

Unless you are naming your child’s other biological or legal parent as their guardian, you must name a guardian in your Last Will and Testament. Once named, the designated guardians will still have to go to court to be legally designated the child’s guardian.  Without your nomination in a Will, that person would not be able to seek guardianship.

Securing Parental Rights Through Adoption – While most parents are secure in their parentage to the children living in their homes, many situations do not fit into that norm and basic protections become a vital part of family estate planning.  Same-sex couples must secure rights to the children born into their relationships through parentage order or second or step parent adoption.  Homes where children are living with step parents must pay particular attention to naming a guardian should both biological parents die.  The second or step parent adoption process in New York  is described in detail in this article.

When family estate planning becomes a priority for you, please consider me a resource. For more information on family estate planning, contact Anthony M. Brown at Time for Families and speak to a specialist family lawyer to secure your and your family’s future.

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NBC is first major network to launch an LGBTQ Dedicated Website – NBCout

In what is the first major networks foray into the LGBTQ web market, NBC launched NBCout last week to highlight and feature the stories that inform and entertain our community.

There’s lots of content and interactive components.  Thanks NBC for getting the word out about the LGBTQ community with NBCout!

Here is the letter from the editor announcing the launch:

Welcome to NBC OUT, NBC’s newest digital destination, where we’ll showcase enterprise reporting, original video and other unique content about and of interest to the LGBTQ community.

If there’s one thing everyone in our community can agree on (and there may just be one thing), it is that we are an extraordinarily diverse group. Our acronym may only include a handful of letters, but the variety within each of them is vast. Keeping this in mind, the NBC OUT team is committed to highlighting content that spans the spectrum – from a profile piece about an intersex millennial to an article about cisgender, black gay men in history, and a multimedia report about a Thai immigrant who started a transgender modeling agency.

In order to fulfill our goal of providing quality journalism for our readers and viewers, while also ensuring our stories reflect our incredibly diverse community, we plan to not only leverage the vast news-gathering resources of NBC News, but to also bring in new voices and fresh perspectives from across the LGBTQ spectrum.

I truly believe it will take a village – or better yet, a community – for NBC OUT to reach its full potential. So if you have a story idea, would like to share your feedback with us or just want to follow our latest stories, connect with us on Twitter, Facebook and Instagram.

June 2, 2016

Click here to visit NBCout.

Meet One of China’s 1st LGBT Couples to Use Assisted Reproduction

Rui Cai and Cleo Wu recently became mothers to twins, placing them among the LGBT parent minority in China. They are also one of the first couples in China to use assisted reproduction to have children.

Their story is amazing since same-sex marriage is still outlawed in China and only heterosexual couples can use assisted reproduction to have children.

 

Cai and Wu found a sperm donor in a US sperm bank. Cai was inseminated with two of Wu’s eggs and the sperm donor’s sperm in a clinic in Portland, Oregon. After returning to China, the couple had their twins in a private hospital in Beijing.anonymous sperm donors

For many LGBT persons in China, it can be difficult to come out to their parents, much less have a family. Cai and Wu were lucky enough to have their parents accept their sexuality.

Cai told NPR, “They think it’s OK for us to choose this homosexual lifestyle. But we’ve got to have offspring. It’s a compromise or a precondition we must meet for them to accept our lifestyle.”

Though their’s is a happy story of family acceptance, Cai and Wu will face some hurdles in the near future such as obtaining proper documentation for their children, like government ID cards, and registering their twins with a school.

“To have a child is really a personal right, is a human right,” Xu says. “But then you have to have permission from the state. It might be difficult for non-Chinese people to imagine or understand this situation, but this is the reality we face.”

May 25, 2016, TheNextFamily.com

Click here to read the entire story.

Gay Family Values

In 2016 it seems almost archaic to write about gay family values, but the truth is that many in this country still do not understand exactly what they are.

 

First, let’s unpack the term, “family values,” because its modern day origin sheds light on the journey our understanding of the term has made over approximately the last 30 years. Many credit the rise of “family values” with the birth of the religious right.  The religious right stemmed from a failed presidential bid by conservative evangelical Pat Robertson in 1988.  Pat Robertson and Southern Baptist pastor Jerry Falwell maintained one of the most successful movements deriving from a losing campaign, which was the “religious right.”  Family values was the buzzword for any number of anti-gay, anti-women, racially motivated campaigns to keep right wing, mostly Republican politicians in office by driving wedges between the electorate to maintain political control.  With this background, gay family values were absolutely unheard of.Gay dads

Gay family values have a much richer and historic past. Gay people have been having families, raising children and living lives of value since the beginning of recorded history.  The very same qualities espoused to be superior, or correct, by the religious right are the same values that gay parents teach their children and gay children teach their parents.  And it is interesting that these values, when interpreted for political reasons, tend to be based in religion.  This is particularly interesting when you consider that Jerry Falwell’s father was a bootlegger and an agnostic and his grandfather was an atheist, yet he managed to be “valuable.”

While in law school, I did my summer internship at Lambda Legal, the nation’s foremost LGBT impact litigation organization.  I was fortunate enough to work on a case called Lawrence v. Texas.  This landmark gay rights case decriminalized gay sex, which was literally a criminal offence. Prior to its decriminalization, it was used to deny employment, take children from fit parents and serve to marginalize the LGBT community in many states. Lawrence v. Texas was seen by many as the foundation for marriage equality.  Ever since working at Lambda Legal, I knew that I wanted to work with couples and families to protect their interests, and their values.

I have had the privilege of being an attorney for the last 13 years working with gay families, unmarried couples and essentially anyone who falls outside the misnomer, “traditional,” as their family and trusts and estate lawyer. I have seen people go out of their way and spend sometimes unthinkable amounts of money to create the legal protections that most “traditional” couples and families take for granted.  Fighting to ensure the security of your family, in my estimation, is the definition of family value.

While basic estate plans and second or step parent adoptions are certainly critical, and a big part of ensuring the safety of children in these families, that is not the type of gay family values that I’m talking about.  It is the concept of putting your family’s interests above your own.  It is the simple joy of learning from your child about their understanding of the world.  And it is something far more universal than many who have not been exposed to family structures other than their own may not be able to comprehend.  When I meet other families that don’t look like mine, and they meet my family, the spark of possibility is lit for an exchange of information that is critical for value development.

adoption new york,new york adoption,new york state adoption, stepparent adoption process,adopting step children,co parent adoption,2nd parent adoption,second parent adoptions,gay adoption new york,gay couple adoption, gay couples adoptingI count my blessings every day that my son Nicholas, a six and a half year old with the soul of my departed father, is growing up in New York City, where every language is spoken and where every culture is practiced. I am grateful that my daughters have parents who love them and who share with them the possibilities of life that their parents shared with them.  The truth about gay family values is that there is no such thing.  Family values are born from love and respect, not only between family members, but among the different families that exist all over the world.  Those values are exclusive to no particular group.

My son asked my husband and me the other night when we could go to Paris. My first thought was, “when you get a job,” but after reality set in, I started to think what it would really be like to really show him other cultures.  What an absolute honor it would be to share the world with Nicholas and to see it through his eyes.  There really is no better way to understand family values than to see them at work in other families.  So until we get to Paris, you can look for us tooling around the West Village of New York City.  You can’t miss us.  We’ll be the ones with the values!

For more information about creating and protecting your family, contact Anthony M. Brown at Time for Families.

Study Says Women in Lesbian Relationships Feel More Parental Stress

A Williams Institute study from the University of California Los Angeles has found women in lesbian relationships feel more parental stress than straight couples.

Ninety-five lesbian parent households were compared with 95 straight parent households to “compare same-sex and different-sex parent households with stable, continuously coupled parents and their biological offspring.”
The study found that in terms of the children’s emotional difficulties, coping behaviors and learning behaviors, there was no difference between those raised in the different households.
However, lesbian parents did experience higher stress levels.parental stress
“Some of our earlier studies have shown that lesbian mothers feel pressured to justify the quality of their parenting because of their sexual orientation,” psychiatrist and co-author of the research, Dr. Nanette Gartrell said.
In the study, parents from both households were matched for characteristics such as age, urban or rural residence, their children’s age, race and gender and whether the parents or children were born in the United States or elsewhere.
Gartrell focused on lesbian couples because there were smaller numbers of male same-sex couples that fit the criteria. The families studied showed no history of family instability or transitions such as divorce or separation and all parents had been raising their own biological children from 6 to 17 from birth.
“This study is consistent with the literature over the last 30 years, with the overwhelming consensus that kids do better with two parents than one parents, and that there’s very little difference in long-term mental health for kids when their raised by either same-sex or different-sex parents,” psychiatrist, psychoanalyst and editor of Journal of Gay and Lesbian Mental Health, Dr. Jack Drescher said.
It’s estimated that 690,000 same-sex couples live in the United States and 19 percent of them are raising children under 18.

Click here to read the entire article.

by Kelly Morris, TheNextFamily.com – May 24, 2016

Couple Adopts Newborn Baby With Help From Facebook

Brian Wildmo and Brad Mahon have adopted a newborn baby and they’re crediting Facebook with making it happen.

“We never expected this,” Brian told WJRT. “We keep having to pinch ourselves because I feel like we’ve been in a movie.”  And all with the help of Facebook.

The Michigan couple had been fostering for a year when they decided to adopt a baby. To help them get the word out, they created a Facebook page and started networking.

One day, Brian, a nurse, and Brad, an emergency medical technician, posted a link to their page on an online nurses support group they belonged to.

“Somebody saw it and connected us,” Brian said.Facebook, adoption, gay adoption, gay families

But after getting in touch with an expectant mother in Missouri who had an adoption plan, they lost contact with her about a month before her due date.

They figured the relationship was over until one day they got a call that the woman was in labour and had chosen them to be parents of her baby.

Social networking is just so powerful,” Brad explained. “That’s how it happened.”

While Brian headed to Missouri to meet their new daughter, driving 12 hours through the night and being up for 36 hours straight, Brad stayed behind in Michigan so he could reunite their foster child with her birth mother.

Brad eventually arrived in Missouri to meet their daughter, whom they named Kennedy. There a judge signed off on their adoption, making Brian and Brad her legal parents.

The couple credits social media with bringing Kennedy’s birth family and them together. But they also say that patience played a big part in their story.

“Everyone’s really excited,” they said.

One of the mantras that adoption professionals tell waiting parents is to stay active on social media and let everyone know that you’re adopting.

After all, you never know who will come across your profile or, as Brian and Brad’s story has demonstrated, how they’ll find you.

Click here to read the entire article.

AmericaAdopts.com, May 22, 2016