New York Couple Defend Their Adopted Son in Ohio

Gay City News, May 2, 2014 by  Paul Schindler

It was only in the immediate aftermath of finalizing the adoption of their infant son, Cooper, on January 17 of this year that Joseph Vitale and Robert Talmas became aware that a significant — and unwelcome — legal hurdle lay ahead.

Nine months earlier, the two men, who live in Manhattan and married in September 2011, on the 15th anniversary of becoming a couple, spent the legally required 72 hours in Ohio so they could adopt Cooper, at the time he was born, from the birth mother with whom an adoption agency had made them a match.

The woman originally said she did not want to meet the adoptive parents, but when Vitale and Talmas arrived in Cincinnati for Cooper’s birth, they learned she had changed her mind. They were told to meet Cooper’s birth mother at a local Catholic hospital.

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New Jersey Officials Make Deal On Adoption Records

philadelphia.cbslocal.com – April 28, 2014

TRENTON, N.J. (CBS/AP) — Gov. Chris Christie and lawmakers have struck a deal to allow people adopted in New Jersey access to their birth records, but the compromise puts the opening of records on hold for nearly three years to give birth parents time to have their names removed from birth certificates.

The deal is expected to become law, with Democratic leaders in both chambers of the Democrat-controlled Legislature hailing it. It would cap a 34-year push by a group of advocates for adoptees and their biological parents to open the records in New Jersey for the first time since they were sealed in 1940.

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The New Gay Orthodoxy

by Frank Bruni – New York Times – April 6, 2014

TO appreciate how rapidly the ground has shifted, go back just two short years, to April 2012. President Obama didn’t support marriage equality, not formally. Neither did Hillary Clinton. And few people were denouncing them as bigots whose positions rendered them too divisive, offensive and regressive to lead.

But that’s precisely the condemnation that tainted and toppled Brendan Eich after his appointment two weeks ago as the new chief executive of the technology company Mozilla. On Thursday he resigned, clearly under duress and solely because his opposition to gay marriage diverged from the views of too many employees and customers. “Under the present circumstances, I cannot be an effective leader,” he said, and he was right, not just about the climate at Mozilla but also, to a certain degree, about the climate of America.

Something remarkable has happened — something that’s mostly exciting but also a little disturbing (I’ll get to the disturbing part later), and that’s reflected not just in Eich’s ouster at Mozilla, the maker of the web browser Firefox, but in a string of marriage-equality victories in federal courts over recent months, including a statement Friday by a judge who said that he would rule that Ohio must recognize same-sex marriages performed outside the state.

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ThinkProgress.org, April 3, 2014 – by Andrew Cray

The Centers for Medicare & Medicaid Services (CMS) announced today that same-sex spouses will be recognized in administering several aspects of the Medicare program, regardless of where the couple lives. CMS works with the Social Security Administration to conduct eligibility determinations and to enroll seniors and individuals with certain disabilities in the program. Social Security updated their own marriage recognition policies earlier this week to streamline the handling of marriage-based claims involving transgender people. The announcement is the latest step implementing the Supreme Court’s decision overturning the Defense of Marriage Act (DOMA).

Social Security will now begin processing Medicare enrollment, requests for Special Enrollment Periods, and requests for reductions in late-enrollment penalties  for many same-sex spouses. Eligibility for Medicare Part A and Part B coverage is particularly important for these families, who are disproportionately likely to be uninsured. Medicare Part A coverage is often available without paying a monthly premium, making it important for the many lesbian, gay, and bisexual people who struggle to afford coverage.

CMS’s decision also impacts some people who previously applied for a Special Enrollment Period but were denied eligibility because of DOMA. For some of these couples, Social Security will be able to approve a second request for a Special Enrollment Period, giving more immediate access to Medicare coverage.

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Oregon AG Slams “Family Stability” Argument Against Marriage Equality

Mombian.com – March 21, 2014

This week, Oregon Attorney General Ellen Rosenblum filed a response in the federal case to determine whether same-sex couples can marry in the Beaver State. She supports equality for many reasons, but her remarks on the children-related arguments of equality opponents are particularly scathing.

Rosenblum starts by asserting, “Family stability is a legitimate state interest, but one that is not furthered by limiting marriage to opposite-sex couples,” and offering four reasons:

  1. Oregon does not tie marriage rights or inducements to procreation;
  2. Oregon has never limited its legal protections to only the biological children of opposite-sex couples;
  3. permitting same-sex couples to marry does not reduce the likelihood that opposite-sex couples will enter into stable relationships; and
  4. the same-sex marriage ban harms the children in those families.

She then picks apart each of these arguments. I’ll spare you most of the details, but I’m rather fond of one statement against number 3: “There is no evidence or even rational speculation that permitting same-sex couples to marry will in any way reduce the desire of opposite-sex couples to marry and create stable families.”

– See more at: http://www.mombian.com/2014/03/21/oregon-ag-slams-family-stability-argument-against-marriage-equality/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+Mombian+%28Mombian%29#sthash.gnhIljJx.dpuf

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Della Wolf is B.C.’s 1st child with 3 parents on birth certificate

By Catherine Rolfsen, CBC News – 2/10/2014

A Vancouver baby has just become the first child in British Columbia with three parents listed on a birth certificate.

Three-month-old Della Wolf Kangro Wiley Richards is the daughter of lesbian parents and their male friend.

“It feels really just natural and easy, like any other family,” said biological father Shawn Kangro. “It doesn’t feel like anything is strange about it.”

B.C.’s new Family Law Act, which came into effect last year, allows for three or even more parents.

Della’s family is the first to go through the process, and they finalized the birth certificate registration last week.

B.C., which is celebrating Family Day on Monday, is the first province in Canada with legislation to allow three parents on a birth certificate, although it’s been achieved elsewhere through litigation.

Moms wanted a dad, not just a donor.

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‘Do it yourself’ surrogate pregnancy ends in legal chaos with three-year-old boy effectively having two mothers

The Daily Mail – by Louise Eccles, March 5, 2014

A judge has warned of the dangers of informal surrogacy agreements after a woman found she had no parental rights to the baby she had asked her friend to conceive with her husband.

The ‘do it yourself’-style surrogate pregnancy ended in the High Court after the boy, now three, was effectively left with two mothers.

Unable to have children of her own, a woman asked a close friend to be artificially inseminated at home with her husband’s sperm.

But when the woman’s marriage broke down months after the birth of the child, she found she had no parental rights because she was not the boy’s legal or biological mother.

Yesterday, she was granted a residency order to care for the child, but the judge warned against anyone considering an informal surrogacy agreement, rather than through a professional agency.

Describing the case as a ‘cautionary tale’, Mrs Justice Eleanor King underlined the ‘real dangers’ of private surrogacy agreements and urged couples to use licensed and regulated fertility clinics.

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Utah Attorney General Makes Gay Adoption Harder

HuffPost Gay Voices

It is more difficult for newly married same-sex couples in Utah to adopt, according to lawyers handling such cases, after the attorney general on Monday began urging judges to reject adoption applications from same-sex couples.

“It feels terrible,” said Kathy Harbin, who married her partner of nine years in Salt Lake City last December, a few days after a federal judge struck down the state’s ban on same-sex marriage. “The state acts like, if it puts all of these things in place that stop us, there won’t be any gay parents. I don’t think they know that there are thousands of us who already have children and all they’re doing is making it harder for us to give them all the things that parents want to give their kids.”

Harbin and Michelle Call wedded with the hope that Harbin could adopt the two young boys the couple is raising together. But less than two weeks later, the Supreme Court agreed to the state’s request to stop same-sex marriages until an appeals court hears the case in April. In the meantime, nearly 1,400 couples who wed in those weeks are stuck in legal limbo — uncertain whether the state will eventually recognize their unions.

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And Surrogacy Makes 3 – In New York, a Push for Compensated Surrogacy

By

A month before their baby’s due date, Brad Hoylman and David Sigal got a call from the woman they had hired to have their child.

She was having contractions; come right away.

Mr. Sigal, a filmmaker, had the more flexible schedule. So after a sleepless night, he hopped on a plane to San Diego while Mr. Hoylman stayed in New York and frantically oversaw the dusty conversion of their TV room into a nursery.

The contractions turned out to be a false alarm, but Mr. Sigal stayed. And stayed, touching up his documentary in his hotel room, going to family outings — a picnic, a cheerleading event — with the surrogate and her daughters, and calling Mr. Hoylman “every 10 minutes” with updates.

Four weeks later, the baby was induced, and Mr. Hoylman flew in for the birth.

‘The timing was perfect,” Mr. Hoylman said. “I cut the cord and David —”

“Held her,” Mr. Sigal finished the sentence.

Such is the world of gestational surrogacy, in which a woman is paid to go through the pregnancy and birth of a child who is not genetically related to her and then promises to give that child away. To anyone who has had a baby, or known someone who has, the couple’s tireless zest for reciting their daughter’s birth story will bring a knowing smile, maybe a jaded shrug. But for Mr. Sigal and Mr. Hoylman, two gay men, the birth narrative carries with it an extra frisson of the illicit that seems to them more than a little archaic and unfair in the post-marriage-equality world.

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Germany Rejects Gay Adoption Case On Technicality

Reuters – Huffington Post – February 22, 2014

By Norbert Demuth

KARLSRUHE, Germany, Feb 21 (Reuters) – Germany’s Constitutional Court on Friday threw out a case to grant gay couples the right to jointly adopt a child on a technicality, but gay rights activists noted that a ruling by the same court last February effectively allowed it.

Chancellor Angela Merkel and her conservatives have been accused of dragging their feet over gay rights – leaving it to judges of the Constitutional Court to grant same-sex couples the same rights as heterosexual couples.

Presently in Germany gay marriage is not allowed and gay couples cannot jointly adopt a child.

Last February however the Constitutional Court granted gay individuals the right to adopt a child already adopted by their civil partner, under a practice known as ‘successive adoption’.

A prior ban on the practice violated the principle of equal treatment regardless of sexual orientation, it said in that ruling, giving the government until July 2014 to change the law. Merkel’s new right-left coalition has pledged to do so.

The court also ruled last year that the government must treat same-sex couples on a par with heterosexual couples in taxation law.

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