Kansas Supreme Court Upholds Co-Parenting Agreement

According to this February 22, 2013 decision, “A coparenting agreement is not automatically rendered unenforceable as violating public policy merely because it contains the biological mother’s agreement to share the custody of her children with another, so long as the intent and effect of the arrangement will promote the welfare and best interests of the children.”

The court basically stated that same-sex couples have the same rights as opposite sex couples in parenting.  Way to go Kansas – Who knew?

Click here to read the entire decision.

Should sperm donors have parental duties?

By Pia Gadkari BBC News,
Washington – 2/21/2013

As more women become pregnant using sperm donated by men they know, the law must establish what role, if any, these men should play in their biological children’s lives.

When William Marotta answered a Craigslist ad seeking a sperm donor, he was just trying to help two women start a family.

Over a few days in 2009, he gave the couple several donations in plastic cups and signed an agreement giving up all his parental rights. He thought he would never see them again.

But in October he got an alarming letter: though the women did not want him to be part of the child’s life, the state of Kansas was suing him for child support.

Mr Marotta, 45, discovered that the women raising his biological daughter had separated and the child’s mother, facing financial difficulties, had enrolled the girl in Medicaid, a government healthcare programme for the poor.

The state asked her for the name of the girl’s father, who officials said was financially responsible for the medical expenses incurred.

Click here to read the full article.

Create a Baby From Stem Cells? Research Suggests Possibility

BY Trudy Ring – The Advocate

October 05 2012

A breakthrough in fertility research lays open the possibility that gay and lesbian couples could someday have children who are completely their own, genetically speaking.

Researchers at Kyoto University in Japan have created eggs from stem cells in mice and used them to produce healthy offspring, NPR reports. They first used embryonic stem cells, then repeated the results stem cells created from adult cells, such as blood or skin. The same team previously created sperm from stem cells. “Stem cells can morph into any cell in the body,” observed NPR reporter Rob Stein.

If the results from mice could be duplicated in humans — a far-off possibility, granted, but scientists say mice are sufficiently similar to humans that it could happen — same-sex couples could create their own sperm and eggs and join them to have a child.

“There are lots of lesbian and gay couples who would be very excited about the possibility for the first time of being able to have children who are genetically their own,” Hank Greely, a bioethicist at Stanford University, told Stein.

Click here to read the entire article.

One Sperm Donor, 150 Offspring

September 5, 2011

New York Times

By JACQUELINE MROZ

Cynthia Daily and her partner used a sperm donor to conceive a baby seven years ago, and they hoped that one day their son would get to know some of his half siblings — an extended family of sorts for modern times.

So Ms. Daily searched a Web-based registry for other children fathered by the same donor and helped to create an online group to track them. Over the years, she watched the number of children in her son’s group grow.

And grow.

Today there are 150 children, all conceived with sperm from one donor, in this group of half siblings, and more are on the way. “It’s wild when we see them all together — they all look alike,” said Ms. Daily, 48, a social worker in the Washington area who sometimes vacations with other families in her son’s group.

As more women choose to have babies on their own, and the number of children born through artificial insemination increases, outsize groups of donor siblings are starting to appear. While Ms. Daily’s group is among the largest, many others comprising 50 or more half siblings are cropping up on Web sites and in chat groups, where sperm donors are tagged with unique identifying numbers.

Now, there is growing concern among parents, donors and medical experts about potential negative consequences of having so many children fathered by the same donors, including the possibility that genes for rare diseases could be spread more widely through the population. Some experts are even calling attention to the increased odds of accidental incest between half sisters and half brothers, who often live close to one another.

“My daughter knows her donor’s number for this very reason,” said the mother of a teenager conceived via sperm donation in California who asked that her name be withheld to protect her daughter’s privacy. “She’s been in school with numerous kids who were born through donors. She’s had crushes on boys who are donor children. It’s become part of sex education” for her.

Critics say that fertility clinics and sperm banks are earning huge profits by allowing too many children to be conceived with sperm from popular donors, and that families should be given more information on the health of donors and the children conceived with their sperm. They are also calling for legal limits on the number of children conceived using the same donor’s sperm and a re-examination of the anonymity that cloaks many donors.

“We have more rules that go into place when you buy a used car than when you buy sperm,” said Debora L. Spar, president of Barnard College and author of “The Baby Business: How Money, Science and Politics Drive the Commerce of Conception.” “It’s very clear that the dealer can’t sell you a lemon, and there’s information about the history of the car. There are no such rules in the fertility industry right now.”

Although other countries, including Britain, France and Sweden, limit how many children a sperm donor can father, there is no such limit in the United States. There are only guidelines issued by the American Society for Reproductive Medicine, a professional group that recommends restricting conceptions by individual donors to 25 births per population of 800,000.

No one knows how many children are born in this country each year using sperm donors. Some estimates put the number at 30,000 to 60,000, perhaps more. Mothers of donor children are asked to report a child’s birth to the sperm bank voluntarily, but just 20 to 40 percent of them do so, said Wendy Kramer, founder of the Donor Sibling Registry.

Because of this dearth of records, many families turn to the registry’s Web site, donorsiblingregistry.com, for information about a child’s half brothers or half sisters.

Ms. Kramer, who had her son, Ryan, through a sperm donor, started the registry in 2000 to help connect so-called donor families. On the Web site, parents can register the birth of a child and find half siblings by looking up a number assigned to a sperm donor. Many parents, she said, are shocked to learn just how many half siblings a child has.

“They think their daughter may have a few siblings,” Ms. Kramer said, “but then they go on our site and find out their daughter actually has 18 brothers and sisters. They’re freaked out. I’m amazed that these groups keep growing and growing.”

Ms. Kramer said that some sperm banks in the United States have treated donor families unethically and that it is time to consider new legislation.

“Just as it’s happened in many other countries around the world,” Ms. Kramer said, “we need to publicly ask the questions ‘What is in the best interests of the child to be born?’ and ‘Is it fair to bring a child into the world who will have no access to knowing about one half of their genetics, medical history and ancestry?’

“These sperm banks are keeping donors anonymous, making women babies and making a lot of money. But nowhere in that formula is doing what’s right for the donor families.”

Many of those questions were debated in Britain shortly after the birth there, in 1978, of Louise Brown, the first baby born using in vitro fertilization. In 1982, the British government appointed a committee, led by Mary Warnock, a well-known English philosopher, to look into the issues surrounding reproductive health.

The groundbreaking Warnock Report contained a list of recommendations, including regulation of the sale of human sperm and embryos and strict limits on how many children a donor could father (10 per donor). The regulations have become a model for industry practices in other countries.

“It is quite unpredictable what the ultimate effect on the gene pool of a society might be if donors were permitted to donate as many times as they chose,” Baroness Warnock wrote recently in an e-mail.

Without limits, the same donor could theoretically produce hundreds of related children. And it is even possible that accidental incest could occur among hundreds of half siblings, said Naomi R. Cahn, a law professor at George Washington University and the author of “Test Tube Families: Why the Fertility Markets Need Legal Regulation.”

Sperm donors, too, are becoming concerned. “When I asked specifically how many children might result, I was told nobody knows for sure but that five would be a safe estimate,” said a sperm donor in Texas who asked that his name be withheld because of privacy concerns. “I was told that it would be very rare for a donor to have more than 10 children.”

He later discovered in the Donor Sibling Registry that some donors had dozens of children listed. “It was all about whatever they could get away with,” he said of the sperm bank to which he donated. “It is unfair and reprehensible to the donor families, donors and donor children.”

To read the entire article, go to http://www.nytimes.com/2011/09/06/health/06donor.html?_r=1&hp

Who’s on the Family Tree? Now It’s Complicated

July 4, 2011 – New York Times –
By LAURA M. HOLSON

Laura Ashmore and Jennifer Williams are sisters. After that, their relationship becomes more complex.

When Ms. Ashmore and her husband, Lee, learned a few years ago that they could not conceive a child, Ms. Williams stepped in and offered to become pregnant with a donor’s sperm on behalf of the couple, and give birth to the child. The baby, Mallory, was born in September 2007 and adopted by Ms. Ashmore and her husband.

Then the sisters began to ponder: where would the little girl sit on the family tree?

“For medical purposes I am her mother,” Ms. Williams said. “But I am also her aunt.”

Many families are grappling with similar questions as a family tree today is beginning to look more like a tangled forest. Genealogists have long defined familial relations along bloodlines or marriage. But as the composition of families changes, so too has the notion of who gets a branch on the family tree.

Some families now organize their family tree into two separate histories: genetic and emotional. Some schools, where charting family history has traditionally been a classroom project, are now skipping the exercise altogether.

Adriana Murphy, a seventh-grade social studies teacher at the Green Acres School in Rockville, Md., said she asked students to write a story about an aspect of their family history instead. At Riverdale Country School in the Bronx, KC Cohen, a counselor, said the family tree had been mostly relegated to foreign language class, where students can practice saying “brother” or “sister” in French and Spanish.

“You have to be ready to have that conversation about surrogates, sperm donors and same-sex parents if you are going to teach the family tree in the classroom,” Ms. Cohen said.

For the last six years, according to United States census data, there have been more unmarried households than married ones. And more same-sex couples are having children using surrogates or sperm donors or by adoption. The California Cryobank, one of the nation’s largest sperm banks, said that about one-third of its clients in 2009 were lesbian couples, compared with 7 percent a decade earlier. Even birth certificate reporting is catching up. New questions are being phased in nationally on the standard birth certificate questionnaire about whether, and what type of, reproductive technology was used, according to the National Center for Health Statistics, part of the Centers for Disease Control and Prevention.

Tracing a family tree, though, is more than just an intellectual exercise. There are medical and legal implications, particularly when it comes to death and inheritance. Families, said Melinde Lutz Byrne, president of the American Society of Genealogists, are mostly concerned with who inherits property when a biological relative dies.

Ms. Williams and her sister, though, had other issues to resolve. Ms. Williams, who has a lesbian partner, had a biological child, Jamison, 6, who was conceived through a sperm donor, too. And the sisters wondered how to describe the relationship between Mallory and Jamison, who are not only biological half-siblings, but also cousins. And where did the sperm donors fit in?

After months of discussion, they came to a resolution: “Mallory is my daughter and Jennifer is her aunt,” said Ms. Ashmore, 38, who lives close to her sister near Minneapolis. At home, Jamison sometimes refers to Mallory as his sister. But at school, said Ms. Williams, 40, “she’s his cousin.” The sperm donors, they agreed, had no place on the family tree.

For some children, having to explain their family tree can be alienating.

“It can cause kids pain in unexpected ways,” said Peggy Gillespie, a founder of Family Diversity Projects, a family education advisory group.

At Green Acres last year, Ms. Murphy said, two kindergartners were playing outside when a boy, the son of a single mother, told a classmate that he had an older sister. “You can’t have an older sister; you don’t have a dad,” Ms. Murphy recalled the girl saying. The boy protested; he said he knew his sperm donor, who had a daughter of his own.

Sue Stuever Battel and Bob Battel of Cass City, Mich., will soon have four children. The oldest, Addy, 8, was conceived naturally; Dori, 5, was conceived via a sperm donor. They are adopting two toddler boys. “All four of our kids are 100 percent in our family tree,” Ms. Battel said. “The genetic connection has never mattered.”

But the Battels understand that their children may have questions. So they have prepared two sets of baby books: one outlining life with the Battels, the other about each child’s birth parents. The children can choose which details they want to share.

Ms. Battel and her husband also debated whether to include other children born using their donor’s sperm. After all, those children would be biological half-siblings to Dori. Their verdict: “We decided they are not half-siblings, but donor siblings,” Ms. Battel said. “We honor them, but they are not part of the family.”

Jeannette Lofas, founder of Stepfamily Foundation, a family counseling service based in New York City, eschews the traditional family tree for a network of circles (females) and squares (males), with dotted and straight lines to connect married and blood relatives. A live-in lover or nanny can be included, too, though with no connecting lines.

“That is how complex we have to think,” Ms. Lofas said.

Rob Okun, a 61-year-old magazine editor from Massachusetts, agreed to donate his sperm to a lesbian couple 16 years ago. Mr. Okun already had two biological children with a longtime female partner and two stepchildren with his current wife. He wanted no role in parenting the children born with his donated sperm, but did want them to know who he was.

The couple, Patricia Kogut and Lynne Dahlborg, agreed, and Ms. Kogut gave birth to Lucyna and Nathaniel. Ms. Dahlborg then adopted both children.

“There is the family tree and there is the day-to-day structure of the family,” Ms. Kogut said.

She described the family as having a “triple family tree” that included her, Ms. Dahlborg and Mr. Okun.

For a long time, though, Mr. Okun was uncomfortable with the connection, largely because his mother disapproved. It wasn’t until after her death in 2004 that he considered including the children in his tree. Now, he said, “I make no distinction between my biological and stepchildren.”

For now, Ms. Williams and her sister said they were happy that Mallory and Jamison shared a special bond. But what if one day the two children want to place themselves as brother and sister on their family tree?

“I think I’m fine,” Ms. Ashmore said, tentatively.

Then she added, “But we’ll have to think about it.”

Baby Makes Four, and Complications

June 19, 2011 

New York Times

By N. R. KLEINFIELD

AT the apartment in Brooklyn where George Russell spends four nights each week, he checked the clock: 7:09 p.m. Wasn’t it 7:05 about 20 minutes ago? Never had time moved so slowly. Was the clock even working? They had tossed the ball around, chased each other, done the book about a bear. Now the dreaded bedtime video. Every night, Griffin, who was 18 months old, insisted on this DVD about race cars, space ships and motorcycles, narrated by a saccharine pair named Dave and Becky. Mr. Russell found them galling. Once, while watching, he said, it made him “feel a profound despair like when I read ‘The Bell Jar.’ ” He slid in the disc. Soon, his thumb was punching fast-forward. “It’s so much better at double speed, isn’t it, Griffin?” Darkness had dropped softly. Rain drummed on Plaza Street East. Mr. Russell regarded Griffin and his curly blond hair. “He looks just like me when I was little,” he said. “I don’t feel paternal toward him. Yet it’s odd when I look at him and I see me.” The setup is complicated. Griffin’s mother, Carol Einhorn, a fund-raiser for a nonprofit group, is 48 and single. She conceived through in vitro fertilization with sperm from Mr. Russell, 49, a chiropractor and close friend. Monday, Tuesday, Thursday and Sunday nights, Mr. Russell stays in the spare room of Ms. Einhorn’s apartment. The other three days he lives on President Street with his domestic partner, David Nimmons, 54, an administrator at a nonprofit. Most Sundays, they all have dinner together. “It’s not like Heather has two mommies,” Mr. Russell said. “It’s George has two families.” Two addresses, three adults, a winsome toddler and a mixed-breed dog officially named Buck the Dog. None of this was the familial configuration any of them had imagined, but it was, for the moment, their family. It was something they had stumbled into, yet had a certain revisionist logic. Such is the hiccupping fluidity of the family in the modern world. Six years running now, according to census data, more households consist of the unmarried than the married. More people seem to be deciding that the contours of the traditional nuclear family do not work for them, spawning a profusion of cobbled-together networks in need of nomenclature. Unrelated parents living together, sharing chores and child-rearing. Friends who occupy separate homes but rely on each other for holidays, health care proxies, financial support. “Some of the strictures that were used to organize society don’t fit human change and growth,” said Ann Schranz, chairwoman of the Alternatives to Marriage Project, a 10-year-old organization. “What matters to us is the health of relationships, not the form of relationships.” And so here on Plaza Street, four people are testing the fuzzy boundaries of an age-old institution, knowing there is no single answer to what defines family or what defines love. Griffin, now almost 3, calls Mr. Russell “Uncle George” and Mr. Nimmons “Dave.” At some point, Ms. Einhorn intends to tell her son the truth. Mr. Russell worries about that moment. He never wanted to be a parent; he saw the sperm donation as a favor to a friend. He did not attend the birth or Griffin’s first birthday party. His four sisters were trying to figure out whether they were aunts. Once a week, Ms. Einhorn went out, and Mr. Russell baby-sat. But only after Griffin was asleep — Uncle George was like the night watchman. Until March 2010, when Mr. Russell agreed to put Griffin to bed and see how it went. There was a routine that had to be followed or it was tantrum world. A bath, dinner, a story, the hated video, then a circuit of the apartment to say good night to everything. Mr. Russell loathes television, an aversion he connects to his father’s seeming to have kept it on permanently. “Carol can watch, like, 52 ‘Law & Order’s back to back to relax,” he said. “She likes shows like ‘Army Wives.’ I can’t even say the words ‘Army Wives’ without irony or cringing.” He snapped off the television and announced, “It’s time to take a walk.” Barefoot, he hoisted Griffin into his arms and felt the pleasant response. They said good night to the kitchen. Good night, dining room. Good night, plant. Good night, George’s room. Good night, outside world. Mr. Russell gave Griffin a bottle, and lowered him into his crib. Not bad at all. “I certainly don’t want to be the child’s parent,” he said. Then: “What can I say, it’s lovely to hold a child in your arms.” CAROL EINHORN once wrote a song called “Canyon.” It addressed the void left by her father, who died when she was 5, after pancreatic cancer came without proper notice. She and an older brother grew up on the Upper East Side. Both parents worked in finance; both had been only children. Mom remarried, but they broke up. That angered Ms. Einhorn, the small family always shrinking. For herself, she wanted two or three children, an orbit of relatives. Ms. Einhorn went to Wesleyan University and became a singer and songwriter, once singing backup for Roberta Flack. (Ms. Einhorn’s professional name is Caroline Horn.) She quit performing in 1998, eventually becoming editorial director of a publication for young people, Music Alive! She nearly married a medical student, but reached her 40s with no Mr. Perfect or even Mr. Near-Perfect. In 2004, she decided to have a baby anyway, and began researching sperm donors. Mr. Russell had been a year ahead at Wesleyan. They bumped into each other after graduation and became great friends. She thinks of him as a brother, especially since her actual brother is a troubled recluse she has no contact with. Mr. Russell grew up in Connecticut, where his sisters teasingly called him the Godlet because they felt he was favored as the only boy. His father worked at the State Department of Environmental Protection and now lives with dementia in a center in Baltimore. His mother, who died in 1999, professed to want 10 children, but, awakened by Betty Friedan, had her tubes tied after 5. She returned to school and became a college professor. Mr. Russell grew to view children as obstacles to ambition. He came out in college, and afterward was a modern dancer, with a side job as a legal secretary. At 34, he returned to school, and four years later became a chiropractor. He sees utility in odd rituals. Sometimes he asks clients to scribble what bothers them on a piece of paper, fold and staple it. Then he writes “Gone” or “Goodbye” on the papers, and either burns them and tosses the ashes in the river or drops them in a mailbox, no doubt baffling letter carriers. When Ms. Einhorn told him her baby plans, Mr. Russell was shocked, wondering “if she wanted to be crawling around on the floor at 45.” Later, listening to her concern about “an empty space where the father would be,” Mr. Russell said, well, he would be the donor. Getting pregnant was wrenching — a miscarriage, autoimmune issues leading to a trip to Mexico for a treatment unapproved in this country. The fifth round of IVF was to be the last. Griffin was born on Oct. 21, 2008. Then came postpartum depression. Griffin was colicky. One day, Ms. Einhorn wrote in her journal, “I love my baby, I hate my life.” THE double households began because of economics. The tattered economy rocked Mr. Russell’s business — without jobs, people let their musculoskeletal systems go — and his loans became a $250,000 whirlpool of debt. He eventually filed for personal bankruptcy. He had met Mr. Nimmons in 2007 at a retreat in upstate New York. One of four children of a New York public-relations man turned California college administrator and a homemaker, Mr. Nimmons describes his family as being “as close to the perfect American family as you could get.” He worked as a freelance writer, an editor at Playboy and a speechwriter for Geraldine Ferraro, and he wrote a book on gay life before becoming special projects director at the Family Center, a private agency helping families in crisis. Mr. Nimmons lived on the bottom two floors of a brownstone he owned in Park Slope, Brooklyn. He and Mr. Russell each had recently ended a long relationship when they fell in love; they were not ready to cohabitate again full time. Ms. Einhorn said Mr. Russell could stay at her place part time. For Griffin, that would mean a visible male presence, the thing missing from her youth. So in July 2009, the four of them embarked on a provisional commingling until whatever came next. On President Street, the men split the grocery and cable bills. Mr. Russell covers the housekeeper ($70), since he’s fussier about unkemptness. Same with the electric bill, because he always leaves lights on. Mr. Nimmons handles the mortgage; Mr. Russell pays him some rent. On Plaza Street, Mr. Russell gives Ms. Einhorn $100 a week for food and $60 of the $100 for her biweekly housekeeper. He bought an air-conditioner for his room; she paid for the installation. Keeping the refrigerator in balance with Mr. Russell there part time, Ms. Einhorn finds, “is like working an algebraic equation.” MR. RUSSELL fixed the food: flounder and pizza. Ms. Einhorn wondered who was the edgiest person he could imagine as a Chia Pet. Mr. Russell offered, “Mother Teresa?” It was family dinner night. Simon and Garfunkel oozed from the stereo. Mr. Nimmons was on his way; Mr. Russell mentioned something about trying not to shut him out of the conversation. Griffin watched a Thomas the Tank Engine video. Checking it out with half an eye, Mr. Russell said, “I’m thinking of doing a doctoral dissertation on this.” He asked Ms. Einhorn, whose Music Alive! job had recently been eliminated, if she had considered working on the railroad. They had so much fun together. They called each other Sweetie Cat and did cat riffs; when she learned she was pregnant, Ms. Einhorn texted: “I am with kitten.” The Plaza Street apartment is elegant, a baby grand piano ruling the living room. Two bedrooms plus the pint-size office where Mr. Russell unfurled a bed on the floor, what he called his “camping existence,” until last April, when Ms. Einhorn bought him a trundle bed. When Mr. Nimmons and Mr. Russell met, Project Griffin was already under way, which Mr. Nimmons said he saw as “another data point, and not a big one.” He and Ms. Einhorn like each other, but are not close. As for Griffin, Mr. Nimmons said, “I have a certain distant avuncular feeling.” At dinner that Sunday, Ms. Einhorn veered into a story. Many years ago, her mother was giving a party and a soufflé didn’t rise because of the weather; she called Craig Claiborne, who actually answered, and told her to use cream of tartar. “She was a pistol,” Ms. Einhorn said. “She sent a telegram to the White House when Ford pardoned Nixon.” Ms. Einhorn asked Mr. Nimmons what was going on, and he said, “Oh, I’m working like a fiend.” She told Mr. Russell she had gotten a light for him as well as the bed. “Not only did I make your bed with sheets and lay down the rug,” she added, “but I scrubbed the shower mat.” He said, “You’re a good person.” The night faded and Mr. Nimmons left. Ms. Einhorn and Mr. Russell liked to end evenings with a ritual. For a while, they recited “intentions,” lists of aspirations. Then they switched to “gratitudes.” Ms. Einhorn started: “I had a really nice Saturday. I’m really grateful for both play dates. And I’m grateful that this was my last week of work at a place where I was underappreciated and underutilized. I’m grateful that I have a financial cushion. I’m grateful that Griffin has grown just as he should and is saying other words. … I’m grateful that despite all the wacko middle-of-the night wake-ups, I haven’t gotten sick.” Mr. Russell: “I’m grateful for the yummy dinner. I’m grateful that Dave is starting to understand my experiences and validate them rather than just listening and putting a checkmark. I’m grateful that business has gotten better. … I’m grateful for my new bed and my light. I’m grateful that I don’t have to sit here with allergies.” IT should be noted that Ms. Einhorn’s mother, Madeline Glick, who is 80 and lives on the Upper East Side, adores her grandson and visits frequently. Ms. Glick and her second husband don’t speak; Ms. Einhorn, though, regularly takes Griffin to visit him. Though Ms. Glick finds Mr. Russell delightful, she views the whole arrangement as peculiar. “Though I recognize that male companionship is important to Carol, I think he’s a little bit taking advantage of it,” she said. “I think his coming and going at will is sponging off her. If he’s trying to figure out his relationship with Dave, he shouldn’t be using her place to figure it out.” As for Griffin, Ms. Glick thinks Mr. Russell’s relationship to him should be as a trusted family friend, not as a father. “Maybe it’s narrow of me,” she said. “George is pursuing a gay lifestyle and all, and I kind of want Griffin to have a view of male masculinity greater than George.” Thanksgiving got messy. Ms. Einhorn planned on dinner with her mother and Griffin; Mr. Nimmons and Mr. Russell had invited friends to President Street. Mr. Nimmons told Ms. Einhorn to drop over with Griffin, but not her mother. Ms. Einhorn was offended but said only that they would pass. Then, a few days before the holiday, Mr. Nimmons asked Mr. Russell to see if Ms. Einhorn had a roasting pan he could borrow. She was furious — disrespecting her mother, then wanting a pan! Mr. Nimmons wrote her an e-mail saying he didn’t remember saying he didn’t want her mother to come, and if he had, he hadn’t meant it. Ms. Einhorn did not think that was enough. They had their separate Thanksgivings, and Mr. Nimmons skipped the next Sunday meal. He had lunch with Ms. Einhorn to smooth things over; she put it behind her, but was still uncomfortable that he had forgotten an important conversation. Sunday dinners resumed. YEARS ago, over the Internet, Mr. Russell became a minister of the Universal Life Church: a dozen couples owe married life to him. He adapts weddings to their wishes. Once he was told not to mention “lifetime commitment.” In another, one compulsory vow was never to watch a movie starring Helen Hunt. Last summer, on a lake in the Poconos, the groom came by rowboat, the bride by canoe. On the way to the Poconos, Mr. Russell was moody and quiet, making Mr. Nimmons feel abandoned. Mr. Russell has a deep playlist of anxieties. He is uneasy in public places (“I have a nervous system like an air-traffic controller”); begins days feeling dread (“I used to say I crawled up to self-esteem”); and feels the need to audibly criticize movies while in theaters. He is disorganized: he did not use a wallet until he was 45, because he found it hard to arrange. He loses keys, phones, everything. He’ll neglect to insert coffee in the coffee maker and brew hot water. He left the stove on; forgot to baby-sit for Griffin. He is not shy about seeking help: “I’ve been going to therapy since God was a child. I think I actually counseled Freud.” Mr. Russell finds Mr. Nimmons too upbeat about everything. Mr. Nimmons finds Mr. Russell too downbeat. “George is vexed by things I don’t understand,” Mr. Nimmons said. “There was a time last year when I asked him how he was and he said, ‘I’m bleak, I’m despairing.’ I said, ‘Oh, my God, those are heavy words.’ ” And: “There will be times I’ll say I notice we just spent 20 minutes talking about what happened to you today. I haven’t had a question yet. I had a day, too.” Mr. Russell on Mr. Nimmons: “He wants to hear about the most interesting thing with me, and I want to vent.” And: “I greatly admire and deeply love Dave. One of his deficits is his denial.” IN the kitchen, at 6:30 a.m., Ms. Einhorn told Mr. Russell about her dream: “I was swimming in a pool and I looked up and saw a plane and I said, ‘What is that?’ and the woman said, ‘That’s the fighter jet.’ Not a fighter jet, the fighter jet. And then the fighter jet did a water landing.” “Hmm,” Mr. Russell said. “And I didn’t even watch ‘Army Wives.’ ” Griffin smacked a plant standing on the countertop, and Ms. Einhorn told him not to assault plants. She was a few weeks into a new job at Midori and Friends, a nonprofit agency that puts music programs in New York schools. She was eager to succeed. Mr. Russell said, “One thing I’ve observed is that if every time you turn water into wine, it doesn’t go well. They don’t write a book about you or anything. They just keep on drinking.” He tousled Griffin’s hair and said, “The question is, will the saintly little messiah eat fruit salad?” “I doubt it,” Ms. Einhorn said. Uncle George was drawing closer to Griffin. He had taken him to the botanic garden. Put his picture on Facebook, though the caption was cryptic: “He’s my nephew. But biologically he’s my son.” It bothered Mr. Russell if Griffin was peremptory. He also did not appreciate the “chopped liver effect.” The other evening, he was reading a story when Griffin said, “I want Mommy.” Mr. Russell said, “Oh yeah, chopped liver moment.” They will not be celebrating Father’s Day. For one thing, Mr. Russell does not think of himself as a father; what’s more, he views all holidays as “premeditated disappointments.” Years ago, he invented the Russell Alternative Holiday, observed on a floating date. He and Mr. Nimmons and some of his sisters marked the most recent R.A.H. by going to see a Revolutionary War re-enactment and parade. Actually, they were late, so they missed the re-enactment. Ms. Einhorn and Mr. Russell joked about how they couldn’t believe they had not gotten sick of each other by now. Yes, sometimes he found her bossy and caustic. Sure, it annoyed her when he got didactic and made her feel talked down to. Yet they rarely argued. The nanny arrived, and it was time to go to work. “We have had 1 hour and 20 minutes of playtime, and it’s not enough,” Mr. Russell said. “It’s a little like ‘Letterman’ when you have insomnia.” “I FEEL I’m more involved with your friends than you are with my friends,” Mr. Nimmons said to Mr. Russell. They were at the apartment on President Street. They made a point of having unexpurgated discussions about festering issues. Buck the Dog was stamping around. Mr. Russell: “I never bring up your friends as your friends, but you always bring up my friends as my friends. It’s as if there was this big blackboard, this tit for tat, and it’s way loaded on my side. There’s this weird rhetoric where I feel I owe you something.” Mr. Nimmons: “No, I just don’t get that much out of them. And they’re not all people I would spend that much time with.” Mr. Russell: “I think you’re pretty good about refusing time with my friends you don’t like.” Mr. Nimmons: “Well, this is not an attack.” Mr. Russell: “It feels like it.” Mr. Russell mentioned how unsettled he felt: “All my knickknacks and things are in the basement in boxes. I don’t see how there will ever be any place for them. But maybe I’ll never live here full time.” Mr. Nimmons: “That’s funny, because as I look around I see a lot of things that aren’t mine.” Mr. Russell: “Like what?” Mr. Nimmons: “That couch.” Mr. Russell: “But we never use it.” Mr. Nimmons: “I look at this bookshelf and I’m not sure where my books are. The TV came with you. The cat lamp came with you. The box that it sits on came with you.” Then Mr. Nimmons added: “I had two rules of relationships that we violated. One: It’s never a good idea to meld things into someone’s space. Two: You shouldn’t move in together until you’re absolutely sure you can’t not.” So they talked about the future. Mr. Russell: “I don’t really know what I want to happen. I’m grateful to spend time here with you, but this house doesn’t really pull me. There’s no space in this house that feels like my space.” Mr. Nimmons: “To me, it’s less about the space than about how we’re developing as a couple.” Mr. Russell: “To not even have a space is yucky. I don’t have a place at Carol’s that’s mine except a bed and a plastic box with my clothes in it.” Then he said: “I like living partly with you and partly with Carol. I liked living by myself. But I actually think it’s healthier living around people. I didn’t expect that.” Then Mr. Russell said he had to go to Plaza Street, his musical-house existence. He had laundry to fold. MS. EINHORN unpacked the takeout Thai; she hadn’t the energy to cook. Mr. Russell and Mr. Nimmons were in Italy. Ms. Einhorn, who had not dated since getting pregnant, was missing her roommate. Something was going on with her and this improvised family. She remembered the hollow feeling when Griffin’s birth certificate came with a blank space for father. She felt better when she included Mr. Russell on her census form. They were soul mates, that was for sure. She remembered that first time she visited her father’s grave, in the icy rain, and he came along. The name on the tombstone was obscured by an overgrown bush. Mr. Russell knelt down and pruned it, making it right. “I’ve ended up in an unconventional setup, and it’s a setup that agrees with me,” she said. “Sure I want love, I want intimacy, I want romance, but is this desire to get married a beautiful dress that just doesn’t fit? I look at my married friends and there aren’t many I’m jealous of. Some of them say they’re jealous of me.” She added: “You know, I got this rustic cabinet for $10 and stored it in the office. When George came here one night, he said, ‘I’ve been meaning to tell you how much I love that cabinet.’ He said, ‘Never leave me.’ ” Suddenly, one night, they were talking about it. Ms. Einhorn: “So this was supposed to have been this little stopgap maneuver and now it’s, what, almost two years?” Mr. Russell: “Yes. It’s really fun living over here.” Her: “It’s fun having you. I don’t know if either of us has any urgency to change this arrangement.” Him: “No. It’s outrageous — who would choose this, living in two people’s houses? But it’s only gotten better over time.” Yes, but. “You empty the dishwasher, you cook, but I wonder if you should do more things,” Ms. Einhorn said. “Like if a light went out, I don’t know if it would occur to you to change that light. Because you wouldn’t know where the light bulbs are. And that seems unusual.” Him: “Well, if a light bulb went out, I would replace it. And I do know where the light bulbs are. But your point is well taken.” Her: “How does what I say feel on your end?” Him: “I don’t actually know.” Her: “Do you feel like the helpful guest?” Him: “Sort of.” “I don’t have any time,” he added. “So the thought of doing more is very threatening.” “It’s just conceptual,” she said. ANOTHER evening slipped into dark on Plaza Street. Refreshed by seltzer, the cohabitants kept alive a conversation about the weirdness of a new opera centered on Anna Nicole Smith, and how there was once a musical about Hiroshima, and how good the movie about Joan Rivers was, and how Ms. Einhorn had never had escargots. Etc. Mr. Russell had a headache and rattled out a couple of ibuprofen. He told Ms. Einhorn how smart it was that they had bought the big bottle. Curled up in a crib in the other room was a small child who one day will find out that Uncle George is not exactly his uncle. “I’m fearful that he will be angry or demanding, either one of which would be hard for me,” Mr. Russell had said. “I’m worried he might say, ‘Well, why didn’t you decide to be my father, being that I don’t have a father?’ ” They plopped down in the living room and played a poetry game. Each wrote a line and the other had to invent the next one, rhyming off the last word. They sniggered at the results, the nonsense of it all. Then they prayed that Griffin would not awaken at the zombie hour of 4:45 as he had been. Mr. Russell hoped for 7:10. Ms. Einhorn, 7:12. That bit of futility dispensed with, they turned to their bedtime ritual. Not the gratitude list. This time, they would sing. They chose “Om Namo Bhagavate Vasudevaya,” a Tibetan chant. “Om namo,” they began. Their voices intersected and became one. Outside came the sough of wind. They kept going. They sang. Yes, they sang.

New Social App Helps Lesbians Find Sperm Donors

Mombian.com, Friday April 1, 2011

Lesbians seeking to get pregnant now have a new tool at their disposal: Dōnr, a new app for mobile devices that lets women check out the credentials of potential sperm donors. Like Grindr, the social app that helps gay men find potential mates nearby, Dōnr lets lesbians access profiles of men in close proximity to see if they might be suitable candidates for providing genetic material.

“Lesbians have long used cutting-edge science to create their families,” said Elizabeth Bean, the CEO of Dōnr, Inc., herself the mother of twins. “It’s time that the search for sperm donors catches up with the rest of the family creation process and takes advantage of modern technologies.”

After their phone alerts them to the presence of a potential donor, lesbians can use the app’s extensive profile information to check out details such as education, hobbies, health, and whether the man wants contact with the child. They can then connect with the man to talk in person.

Bean says her company will soon be coming out with several related apps: Bāstr, which allows lesbians to find the nearest LGBT-friendly fertility clinic, and Lawyr, which helps them find an attorney to do the legal paperwork necessary to protect their families.

Risks of Using a Known Sperm Donor

Posted on January 28, 2010 by Gideon Alper -GayCouplesLawBlog.com –

Seattle University Law School professor Julie Shapiro had a interesting post this past weekend on why lesbians should think twice before using a known sperm donor.

Professor Shapiro points out what’s unique about a California where a lesbian couple split up five months after one woman gave birth to twins. Now they fight for custody.

Smith [the non-birth mother] is not simply opposed by Quale [her former partner, the birth-mother] but also by Wallace [the sperm donor], and Wallace is not simply a party in the case, he is present as Quale’s new partner. Quale and Wallace can present themselves as a heterosexual couple, both of whom are related to the child–a traditional, man/woman, genetically constructed family.

It’s not hard to imagine that a court might seize an opportunity to ensure the twins are raised in an ordinary heterosexual, genetically constructed household. 

I agree. While Smith, the non-birth mother, might have a legitimate claim to keeping parental rights, I doubt the court will do anything other than award full parental rights to the birth mom and dad. Especially since the the lesbian couple split up just five months after the twins were born.

Sperm Donor Makes Claim to Lesbian Couple’s Child

by Kilian Melloy
Monday Jan 11, 2010

A Canadian lesbian couple and the sperm donor who helped them conceive are in a feud over parental rights–and at the forefront of family law.

Because Canadian law does not permit monetary exchange for sperm donations, all but one of the nation’s sperm banks have shut down. That leaves lesbian couples that wish to conceive on their own to find a donor, but when they solicit genetic material from friends, they sometimes find themselves entering a legal quagmire.

In the case of the British Columbia couple, who obtained a donation from a male friend, the initial agreement was that the man would relinquish his rights as a father. But when the man began to come around often and to refer to the baby boy as his son, the couple saw it as a breach of contract and took him to court.

The outcome could have lasting repercussions for family law in cases where a child is conceived using donated sperm. The lack of existing law and precedent makes for “murky situations,” according to Infertility Network executive director Diane Allen, reported the Canadian National Post on Jan. 8. Allen cited children of sperm donors who say that they have a right to know about their biological heritage–and to form relationships with their fathers.

“For the lesbian couple, I can certainly understand why they feel threatened and that their parenting is being interfered with,” Allen told the media. “But what are they going to tell that child down the road? Are they going to say they didn’t want the child’s father in his life? What about what the child’s needs and wants?”

When the Assisted Human Reproduction Act outlawed monetary exchange for sperm donations six years ago, Canadian Fertility and Andrology Society spokesperson Dr. Roger Pierson said, “it closed all but one sperm bank in the country. So if friends start doing things on their own, and you have a female from one province and a male from another, it can be problematic.”

Judges who rule in such cases are “going to look at public policy and whether what’s being done is contrary to that,” according to McGill Center for Medicine, Ethics, and Law director Margaret Somerville. “There are just some obligations that you can’t contract away. They are also going to look at what’s in the best interests of the particular child,” added Somerville. “In effect, what they’re doing is looking at these cases both at a general societal level and what impact the ruling will have on societal values and rights of kids, and how the ruling will affect the child in question.”

One of the country’s few precedents involves a common law couple in which the male partner did not wish to accept the legal responsibilities of fatherhood. The woman conceived using donated sperm, with an understanding that the child would be the woman’s sole responsibility–but when the couple went to court, the man was found to be liable for parental responsibilities as long as he remained in a relationship with the woman. The Supreme Court of Canada found that, “The ’settled intention’ to remain in a close, albeit unmarried, relationship thrust [the man] from a practical and realistic point of view, into the role of parent of this child,” and added, “Can it seriously be contended that he will ignore the child when it cries? When it needs to be fed? When it stumbles?”

The case is complicated by a lack of legal adoption on the part of the mother’s same-sex partner. But some see the biological father’s willingness to be involved as a positive thing: said family law attorney Kathleen Walker, “From a practical point of view, I think that it’s a good thing the father has an interest in the child. I think the more people that love a child, the better off the child is.

“If the child has been adopted, then I think the issue is privacy,” Walker continued. “If the lesbian couple don’t want the father around, he’s got no right to be around or interacting with that child.”

Not all legal scholars agree. A case that went to the Irish Supreme Court last year resulted in a ruling that the biological father, a donor to a lesbian couple, should be permitted visitation privileges–in part because marriage equality is banned in Ireland, and Irish law defines parents as married heterosexuals.

In contrast, in the United States, family law may become even more complex: a court ruling opened the way for a New Jersey surrogate mother to pursue primary custody of the twin girls she bore–even though the children carried by the surrogate were conceived with another woman’s donated egg, and the egg was fertilized with sperm from the surrogate’s brother-in-law, meaning that the surrogate in this case bears no genetic relationship to the resulting child. The woman had carried the children for a male couple, one member of whom was her brother.

The girls were born in October of 2006, and were given into the care of the male couple, who live in Jersey City. But the following March, the surrogate took her brother and his husband to court, claiming she had been forced to serve as the surrogate and seeking custody of the girls.

The court decision drew on precedent established in a 1988 case involving a traditional surrogate, whose own egg was fertilized in vivo through artificial insemination using sperm from a man who was part of a couple seeking to become parents. That case was settled by the New Jersey Supreme Court, which upheld the traditional surrogate’s rights as the genetic parent.

“The surrogacy contract is based on principles that are directly contrary to the objectives of our laws,” the 1988 ruling said. “It guarantees the separation of a child from its mother; it looks to adoption regardless of suitability; it totally ignores the child; it takes the child from the mother regardless of her wishes and maternal fitness.”

Superior Court Judge Francis B. Schultz referred to the earlier ruling, posing the question in his decision, “Would it really make any difference if the word ’gestational’ was substituted for the word ’surrogacy’ in the above quotation? I think not.”

‘Ex-gay’ mother abducts child

January 2, 1:47 AMInternational LGBT Issues ExaminerKelvin Lynch

Lisa Miller, an ‘ex-gay’ evangelical Christian who was in a lesbian relationship in Vermont for four years, has abducted the former couple’s 7-year-old daughter following a court order awarding sole custody to her former partner.

Miller renounced being gay in 2004 and took the child, Isabella, from Vermont to Virginia.  A judge awarded her former partner, Janet Jenkins, liberal visitation rights at the time.  However, Miller failed to allow Jenkins to visit with Isabella, and a judge found Miller in contempt of court on November 20, 2009, awarding Jenkins sole legal custody of Isabella.

The girl was supposed to be handed over to Jenkins on January 1, 2010, but Miller failed to show up and has apparently absconded with Isabella.  Miller has reportedly ceased contact with her attorneys.

Jenkins’ attorney said, “She’s very disappointed, obviously.  She’s very concerned about Isabella and asks that if anybody sees Isabella, that they please contact the authorities.”

According to Ex-Gay Watch, in a 2008 interview with a right-wing Christian website, Miller accused Jenkins of verbal and physical abuse towards her and neglect of the Isabella. Miller also made insinuations of sexual abuse, saying Jenkins took a naked bath with the child, and claimed Isabella had started “openly masturbating.”

Miller called homosexuality a “sin,” and became an evangelical Christian upon ending her relationship with Jenkins.  Miller said in court documents,  “Isabella knows that Ms. Jenkins’ choice to continue to live a homosexual lifestyle is a sin.”

Miller now faces possible criminal charges. Miller’s last known address was in Forest, Virginia. It’s unclear at this time whether or not Virginia police will search for Miller and Isabella, although a warrant for her arrest will likely be issued for contempt of court.