Jason and David: Gay Dads Before They were 30

 

Gay dads David and Jason Bragg-Sutton are a different kind of gay dads. Living north of Tulsa, Okla., in America’s heartland, they have become the parents of three children adopted through the foster care system.

But that’s not what’s different about them. What is? The fact that both did so while under the age of 30.

 

For David Bragg-Sutton, it was a no-brainer. He and his husband became a couple some six years ago, when they were 21 and 26, respectively. Soon afterward, they decided they wanted to start a family, and soon.

Adopted in infancy by a pair of older parents, David says he knew that he wanted to be an active participant in his kids’ lives, when they’re young children and as well as adults. In short, he wants to experience the world with them.

Gay dads

“I want to hang out with them,” he said. “I don’t want to say no to going on a vacation [because of physical limitations]. That was important to me. I want to grow with my children,” David says. “I want to live my life with my children.”

But when David and Jason embarked upon their journey to create a family, they had to change plans and adjust expectations in a big way. They knew they wanted multiple children, for example, but they planned to add them gradually. They also wanted to raise an infant.

After plans for surrogacy with a mutual friend didn’t pan out, they found themselves looking at Oklahoma’s foster care system, and facing some hard truths.

“When we got into the foster care system, our worker told us, ‘You are going to face barriers, as gay parents and as gay parents seeking an infant,’” David says.

Their initial experiences seemed to bear this out. After filling out reams of paperwork, David and Jason opened their home for potential children. And then they waited for 13 months.

Most gay dads have experienced that wait, in one way or another. Fundamentally, it doesn’t matter if the wait is three months or three years. It’s still a period of reflection and anxiety. For the Bragg-Suttons, it was a time of adjusting their expectations, of rethinking what they were willing to do.

At the beginning, they were only interested in seeing children who were young and available to adopt on their own.

But then their social worker began to prod them to change their approach. Eventually they said they were willing to consider sibling groups and somewhat older kids.

They began spending hours at the offices of the Department of Human Services, looking through packets of children who were legally free for adoption.

“We wanted to be very researched,” Jason says. “We really dug into what we signed up for.”

Finally, they were connected with a sibling group of three children, Taylor, 10; Madelynn, 6; and William, 5. On Oct. 5, 2013, they heard they were matched. On Oct. 17, they met the kids at a pizza parlor in Tulsa.

via GaysWithKids.com – February 19, 2016

Click here to read the entire article.

Open Adoption: Not So Simple Math

Open Adoption: Not So Simple Math

I WANTED my son to become the kind of person who appreciates the beauty of the world around him, so I smiled when, at 6, he asked to borrow my camera in case he saw “something beautiful.”

Open AdoptionWe were taking a walk in the woods outside Boston, and following behind him I was surprised by how much he moved like his father. We spent that afternoon showing each other icicles and hollow trees, breaking frozen patterns in the river ice, inching too close to the water to get a better view of the bridge above.

When we arrived home, Ben said that the reason he wanted to go for a walk was to spend time with me. It had been three months since I last saw him. I smiled sheepishly and stepped into the living room, where the woman who had adopted him six years earlier sat reading the newspaper.

Is open adoption the next big thing?

It is a far cry from the moment he was born, when my 23-year-old body seemed to know exactly what to do, when I suddenly and surprisingly wanted nothing more than to admire him nursing at my breast. When, after a drugless labor, my surging hormones helped me to forget that I was a college student, that I lived in Cincinnati, that I was passionate about architecture. During those days I was roused by the slightest sound of his lips smacking, innocent newborn desire that offered my deepest fulfillment.

In the months before I gave birth, when my boyfriend and I were just getting to know the couple we had chosen, I was able to comprehend the coming exchange only on the most theoretical of levels, but it seemed like gentle math: Girl with child she can’t keep plus woman who wants but can’t have child; balance the equation, and both parties become whole again.

During those months, my son’s mother, Holly, observed that birth mothers have to accomplish in one day the monumental task of letting go that most parents have 18 years to figure out. Days after his birth, when I struggled with letting go, Holly sat with me and cried — for the children she never got to have, for the fact the adoption would bring her joy while causing me pain, and out of fear that she had already grown to love a child I might not give her.

I decided to let her take him for a night, to see if I could handle it. She drove him to Dayton, Ohio, where she was staying with family, then called and asked: “Do you want him back? I’ll bring him right now.”

UPDATED: You can now listen to our Modern Love podcast, featuring the actress Sarah Paulson reading this column and a conversation with the writer. Look for the “play” button below.

Click here to read the entire article.

New York Times – Modern Love by Amy Seek April, 2007

New York Adoption Facts

New York Adoption Facts

New York Adoption Facts

If you are a same sex couple living in New York adoption is a topic that will definitely come up between partners looking to start, or expand, their family. Before you decide what’s best for your family, it’s a good idea to do some research, look at all your options, and even speak with an attorney that specializes in adoption before you file a petition.

What are my options for New York adoption?

Luckily, New York adoption laws don’t place many restrictions on same sex couples or the LGBT community when looking to adopt a child, as long as you pass all the required medical and background checks.

 

You need not be married or even in a relationship. When looking to adopt, here are the options available:

  • Traditional adoption: This is the process that comes to mind when most people think about adopting a child. The child is typically (but not always) a baby or very young child, and you start the process through an adoption agency. All of New York’s social service districts have an adoption unit, and this is usually a good place to start researching information. If you’re interested in an international adoption program, make sure you choose an agency that provides those services.
  • Fostering or adopting a foster child: Fostering a child is often a deeply rewarding experience and as such many people decide to go this route to bring children into their lives. There are a couple different options within the foster care system. Some people choose to be a foster parent only, with no intention to adopt. You can also be a foster parent and then decide to adopt your foster child, or, you can become a foster parent with the intention of adoption from the very beginning. A foster child is generally only available to be adopted if they cannot be reunited with their family.

Once you start the adoption process, there are a few different ways to petition for New York adoption.

  • Petition Jointly: You do not have to be married or in a partnership to petition to adopt a child in New York, however, if you are married or life partners a joint petition will be the easiest and most seamless way for both partners to create a legal relationship with your child. With a joint petition, legal parentage is automatically established for both parents.
  • Second Parent Adoption: A second parent adoption will be necessary if you did not file a joint petition to adopt your child, if you are not married and if only one partner is legally their parent. Both parents will still need to participate in the process.
  • Step Parent Adoption: Marriage does not automatically create a legal relationship with the child; a legal relationship will need to be established for the non adoptive or non biological parent (if your partner has a biological child). This process is similar to second parent adoption and applies to married couples.
  • Single Parent Adoption: You can be single and petition to adopt a child in the State of New York.
  • Adopting a Foster Child: Before adopting a foster child, you will need to get certified to be a foster parent. If you plan from the beginning to adopt a foster child, you will then go through the process of adoption matching, pre-adoption placement and then follow through with filing the adoption petition and finalizations.

 

 

As head of the Nontraditional Family and Estates division of Albert W. Chianese & Associations, Anthony M. Brown has provided gay and lesbian couples and individuals with all the help and information they need to make an informed decision on how to start their families. If you’re ready to start or expand your family through adoption, call 212-953-6447 or email Brown@awclawyer.com.

What Garon & Jamie did when Adoption Fell Apart

WHAT GARON AND JAMIE DID WHEN THEIR ADOPTION FELL THROUGH

Husbands Garon Wade and Jamie Suriano had hoped to make their 3-year-old son Matteo a big brother this year. But after the birth mother chose to keep the baby, the couple had to learn how to accept the emotional costs that come with adoption.

Garon Wade grew up knowing he wanted to be a dad. What’s more, he knew he wanted to be an adoptive dad.

“Even before I recognized that I was gay, I always knew that I wanted to be a parent,” he said. “And I always wanted to adopt. I’m adopted, my sister is adopted, my father is adopted. So when it came to my family, adopting a child wasn’t a result of me being gay. That was a result me being adopted, too, and thinking what an amazing experience it is to give somebody a parent.”

Both men believed Matteo would be their only child, but after two years of raising one son they realized they wanted to grow their family.

“We originally thought when we adopted Matteo that we were only going to have one kid,” Suriano said. “Right around his second birthday, we started talking about having another and thought it would be good for him to have a brother or sister. You see how much fun they are and how much happiness you get out of having a kid.”

Wade and Suriano went back to the same agency they used for Matteo. They followed all the right steps — updated their home study, worked with their social worker and attorney. Finally, the call came through. They would be bringing home a little girl.

Matteo was so close to meeting his baby sister — until that second call came. The birth mother had decided to keep the baby.

“Once you get that call, once someone says you have a child, your heart just goes there,” Wade said. “When you get that second call, it’s such a disappointment. I can remember with Matteo saying, ‘OK, we’ll take this baby, we’ll take care of him the best we can.’ And a part of you wants to remain unattached because there’s the possibility that something could happen.

“That doesn’t work, though, with a child. It’s hard to go halfway.”

The couple lost this chance at a daughter, but both men have learned how to accept the risks of adoption.

Click here to read the entire article.

December 21, 2015 by Michael Lambert via gayswithkids.com

Second Parent Adoption Process: New York State

The second parent adoption process for New York State: What you need and what you need to know!

The second parent adoption process is the process of a same-sex parent adopting their partner’s biological child, regardless of whether or not they are married or their relationship is legally recognized. While everyone has equal marriage rights now, the laws for New York State adoption are still striving to meet the modern day needs of our families, and it’s advisable for most same-sex couples to petition for a second parent adoption to build that legal relationship between non biological parent and child. Marriage is not necessary for second parent adoption. If the couple is married, they would then petition for a stepparent adoption, although the process is very similar.

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 adopting

 

New York State Adoption Process: What you need

In a nutshell, you need a lot of paperwork and a good family lawyer, preferably one that specializes in adoptions for same-sex couples. Here is a rundown of what you will need:

  • The completed intake from your attorney. This is a general questionnaire that includes information for both parents and the child.
  • The original birth certificate for the child. A copy will not suffice. You will, however, get a new original birth certificate after the adoption.
  • A letter from the employer of the petitioning parent, and in some counties the biological parent, stating their position and salary. If you are not currently employed, they will need your last year’s tax returns.
  • A letter from the doctor of both parents stating that they are in general good health.
  • A letter from the child’s pediatrician stating that he or she is in general good health.
  • A completed form 1-D (a more elaborate medical assessment) by the child’s pediatrician
  • In cases of a surrogacy, you will need copies of your carrier and donor agreement.
  • In cases of artificial insemination, in vitro fertilization and surrogacy, a letter verifying insemination.
  • If married, a copy of your marriage license.
  • Previous divorce decrees if either parent has been previously married.
  • If either parent has ever been arrested or convicted of a crime, the details and disposition records for any offense must be submitted.
  • A list of every residence the petitioning parent has lived at for the past 28 years, including months and years associated with every address.
  • Financial information, including the value of your home, any owned real estate, stocks and bonds, life insurance information and any sources of income other than employment.
  • The petitioning parent must be fingerprinted for a criminal background check
  • A home study, which is generally arranged for once your lawyer has been retained.

Keep in mind that this process may vary slightly from state to state and county to county, so it’s important to find an attorney familiar with the legal details in your specific location. While the New York State adoption process may seem harrowing, keep in mind that your adoption attorney is there to help you, advise you and even help keep you organized every step of the way.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Brown@awclawyer.com.

 

Contact Time For Families

Contact Form
* indicates required field

New York State Adoption Process

The second parent New York State adoption process: What you need, and need to know

Second parent adoption is when a same-sex parent adopts their partner’s biological child, regardless of whether or not their relationship is legally recognized. While everyone has equal marriage rights now, the laws for New York State adoption are still muddled, and it’s advisable for most same-sex couples to petition for a second parent adoption to build that legal relationship between non biological parent and child. Marriage is not necessary for second parent adoption. If the couple is married, they would then petition for a stepparent adoption, although the process is very similar.

 

New York State Adoption Process: What you need

In a nutshell, you need a lot of paperwork and a good family lawyer, preferably one that specializes in adoptions for same-sex couples. Here is a rundown of what you will need:

  • The completed intake from your attorney. This is a general questionnaire that includes information for both parents and the child.
  • The original birth certificate for the child. A copy will not suffice. You will, however, get a new original birth certificate after the adoption.
  • A letter from the employer of the petitioning parent, and in some counties the biological parent, stating their position and salary. If not currently employed, you will need your last year’s tax returns.
  • A letter from the doctor of both parents stating that they are in general good health.
  • A letter from the child’s pediatrician stating that he or she is in general good health.
  • A completed form 1-D (a more elaborate medical assessment) by the child’s pediatrician
  • In cases of a surrogacy, you will need copies of your carrier and donor agreement.
  • In cases of artificial insemination, in vitro fertilization and surrogacy, a letter verifying insemination.
  • If married, a copy of your marriage license.
  • Previous divorce decrees if either parent has been previously married.
  • If either parent has ever been arrested or convicted of a crime, the details and disposition records for any offense must be submitted.
  • A list of every residence the petitioning parent has lived at for the past 28 years, including months and years associated with every address.
  • Financial information, including the value of your home, any owned real estate, stocks and bonds, life insurance information and any sources of income other than employment.
  • The petitioning parent must be fingerprinted for a criminal background check
  • A home study, which is generally arranged for once your lawyer has been retained.

 

Keep in mind that this process may vary slightly from state to state and county to county, so it’s important to find an attorney familiar with the legal details in your specific location. While the New York State adoption process may seem harrowing, keep in mind that your adoption attorney is there to help you, advise you and even help keep you organized every step of the way.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Brown@awclawyer.com.

 

Get gay adoption statistics & facts

Familiarize yourselves with gay adoption statistics and facts before starting your family

While marriage equality is now the national standard, the laws concerning families of same-sex couples are just as muddled as ever, if not more so. Before beginning your family, it’s important to do a little research beforehand on gay adoption statistics and facts.

 

Gay Adoption Statistics

As many as 6 million children have gay parents, and that number is growing. According to 2010 US Census data, about 20% of same-sex couples are raising children. What does this mean? It means you and your child, current or future, are not alone.

 

Children of same-sex parents, even high-risk children, fare just as well as children of opposite-sex parents. While this seems like common sense, having scientific evidence confirming that gay parents are indeed just as good as non-gay parents (or also, a lack of scientific evidence that same-sex parents cause harm to children) means that while family laws are lagging behind, they should eventually catch up in giving all families equal rights in adoption. This doesn’t, however, mean you should or need to wait to start your family! Gay adoption statistics aside, here are a few facts and considerations to keep in mind before beginning the family planning or adoption process.

 

Get gay adoption statistics & facts before family planning

  • If you’re planning on adopting, filing a joint petition for adoption is generally the better option, as it automatically recognizes both partners as legal parents. In the state of New York, you need not be married to do this, however this may vary state to state.
  • Marriage does not automatically create legal parentage. If you are considering artificial insemination or surrogacy, it’s important that the non biological parent establishes a legal relationship with the child through the co adoption process, even if that parent is named on the birth certificate.
  • If your partner already has a child, you will need to petition for a stepparent adoption. In order to do this, the child’s other biological parent has to surrender their legal parental rights to that child.
  • It’s important to investigate adoption laws of the state in which you reside, as many states give preference to married couples over unmarried couples when adopting or fostering a child. Adoption laws also vary by county.
  • Once a legal relationship has been established between parent and child, this legal relationship will be recognized nationally.
  • It is vital that both parents have established a legal relationship with their child in the event that the biological or adopted parent becomes incapacitated or in the event the relationship dissolves. In the event of either of those situations, the non biological or adopted parent risks losing custody rights of the child.

 

Regardless of how you intend to grow your family (through adoption, foster parenting, surrogacy or artificial insemination), it’s important to hire a family attorney experienced in adoption laws in your state and county to help you navigate the intricacies of the law and to make sure you make it through the process with no complications. For a well-vetted family attorney in New York, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, at 212-953-6447 or email questions to Brown@awclawyer.com.

Surrogate NYC: 71% of Americans Approve

71% of Americans Approve of Using Surrogates, Surrogate NYC or Anywhere Help Couples!

People tend to say that it is better to adopt than to use surrogacy, but most Americans say it is personally important to have biological, not adopted, children. This calls for the use a surrogate or in New York City, a surrogate nyc when searching google!

What is a Surrogate NYC? Definition Surrogate/Surrogacy: the practice by which a woman helps a couple have a child by carrying an embryo conceived by the couple, and commercial surrogacy is when a surrogate nyc or wherever you live, mothers the baby for money. Surrogacy, though still rare, is increasingly common and laws in many states are having to catch up to the reality of thousands of surrogate births each year. Pennsylvania just ruled that television star Sherri Shepherd is liable for child support payments for a child conceived by a surrogate that she later decided she did not want. In New York, which is one of the states which still completely prohibits commercial surrogacy, is considering legalizing the practice at the urging of gay rights activists.

A large majority of Americans (71%) approve of the practice of surrogacy, and most (57%) also agree with allowing surrogate mothers to charge money for carrying the child. Americans who say that religion is ‘very important’ to them are the only group without majority support for commercial surrogacy, but even they back it 48% to 31%.

Definition Surrogate NYC: Surrogacy is the practice by which a woman helps a couple have a child by carrying an embryo conceived by the couple.

In general, however, Americans tend to say that couples who cannot conceive a child on their own should adopt a child (50%) instead of using a surrogate (15%). Large margins among every group, except black Americans (29% to 34%), say that it is better to adopt than use a surrogate.

When it comes to them personally, however, most Americans say that it would be important for them to have a biological child rather than an adopted one. 27% say that it is ‘very important’ for them to have a biological child, while 31% say that it is ‘somewhat important’. Only 30% say that it is either ‘not very’ or ‘not at all’ important to not have an adopted child.

Click here to read the entire article.

 

Today.Yougov.com – December 14, 2015

Adoption New York Home Study

What is a “home study” for adoption New York and what can we expect?

With both heterosexual and gay adoption New York, the family will need to participate in a home study as part of the adoption process. A home study is required in all adoption cases, whether you as a couple are adopting a new child or whether one partner is adopting the legal or biological child of their partner. It may seem daunting inviting people into your home to judge whether you are fit to be a parent, the process is not intended to trick you or catch you off guard. A person or family that is disqualified from the adoption process is usually done so during the background check portion of the adoption, before a home study is conducted.

 

What we need to prepare for in a home study for adoption New York?

The first step in a home study involves a lot of paperwork. In addition to submitting a long list of documentation, including things like background checks, a child abuse clearance, etc, a social worker will come to inspect your home to make sure you are providing a fit environment to raise a child. While your home does need to pass safety requirements (like making sure your smoke alarms are all in working order), if any issues do come up these are most likely pretty quick fixes.

The social worker will also interview the parent or parents adopting, as well as any other adults living in the home. They are looking to make sure the prospective parents display characteristics that qualify them to be a fit and loving parent. Such qualities the social worker is looking for may include:

  • Being able to provide for the child’s needs on a physical and emotional level
  • Being able to financially provide for a child
  • Be in good health to care for a child
  • Have the emotional capacity to accept and care for an adopted child and address any emotional implications this may mean for that child with realistic expectations
  • The ability to handle stress
  • A connection with the community.

 

Once the home study is complete, the caseworker will prepare a written summary about the family to be referenced during the rest of the adoption process. Typically, parents looking to adopt will find a home study provider through their attorney, depending on the county in which they live, and will be responsible to pay for the home study out of pocket.

 

If you have any questions about the process for adoption New York or the home study process, contact Anthony M. Brown at 212-953-6447 or Brown@awclawyer.com. As the head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, Brown provides expertise in bringing families together and establishing a legal child-parent relationship.

Gay Adoption New York

Gay Adoption New York: is adoption necessary in the case of a sperm donor?

For same-sex couples, the fight for marriage equality is over and done with. As they start to building families, however, the struggle remains as the intricacies of family law in New York and across the U.S. haven’t quite caught up to this landmark change. This has led to much confusion on the part of same-sex, particularly lesbian, couples. One question is frequently asked: if two married women conceive a child through artificial insemination, does the non biological parent need to go through the process of gay adoption New York?

 

Gay Adoption New York is still necessary for married women using a sperm donor

Unfortunate case law in the State of New York, entitled Paczkowski v. Paczkowski, held that when married women have a child through artificial insemination, the marital presumption of parentage does not apply to them. This was the case in New York before gay marriage was nationally legalized and it still applies.

Marriage means parentage then?

Marriage does not convey legal parentage for same-sex couples. If your spouse had your child before you were married, gay adoption in New York is still necessary, particularly when you were not listed as a parent on the birth certificate. Despite marriage equality, adoption laws still vary from state to state so it’s important to check the state laws if you plan on adopting your child outside of New York.

What about the sperm donor?

In the case of an anonymous donor, typically the donor has given up all parental rights through the donation process. For this reason, using an anonymous donor is beneficial in New York because a married lesbian couple using an anonymous donor can have both parents’ names on the birth certificate. However, that alone does not create parentage, only second parent adoption does this.  Many couples opt for a known sperm donor for various reasons. In this case, the child and the donor will likely come into contact at some point. It’s vital to establish before conception the role the donor will play in the child’s life, and execute any legal documentation outlining anything pertaining to parenting or visitation rights of the donor. Any lesbian couple using a known sperm donor, regardless of whether they identify him as the father on the birth certificate, must undergo the second parent adoption process to secure the non biological mother’s rights to the child.

 

If you need help determining your parental rights or adopting the child (either biological or adopted) of your spouse, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations. Anthony is available to answer all questions concerning non traditional family law and adoption for GLBT families. Call 212-953-6447 or email Anthony with any questions or concerns.