Become a Gay Dad

A Reader Asks: Can I Adopt In the United States If I'm Undocumented?

"I really want be a father, build a family but I don't know how start," a reader asks our expert, Brian Esser. "In my case I will be a single dad because I haven't yet found a good man to share my life with. But what concerns me is my status here in the US. I'm Brazilian, I don't have "papers" even though I have a good job. Because of this I don't know if I can adopt a kid here. So my question is: can I adopt a kid here or is not allowed for me?"


Even before the current occupant of the White House began his unprecedented assault on immigration into the United States, your question is one that doesn't have a clear answer. As a lawyer, I always start with the black letter law. My state, New York, has no statutory requirement that a person be a US citizen, or even have any legal status in this country, to adopt. As for other states, I did a quick survey of state law and did not see citizenship requirements in summaries of other states' law (but my research was by no means exhaustive). I've worked with undocumented parents to complete step- and second-parent adoptions for their children and successfully finalized those cases. I have worked with private adoption clients who are permanent residents, or have non-immigrant visas, but not yet with an undocumented parent-to-be.

Regardless whether requirements that adoptive parents are citizens are written into the law, bear in mind that there are a number of gatekeepers in the adoption process. You may find that lawyers, social workers, or agencies might decline to work with you because of your immigration status. Some of the judges that I appear before ask more detailed questions about immigration, while others take a "Don't Ask, Don't Tell" approach. Assuming good intentions, these judges and adoption professionals might be concerned about what would happen if you were subject to removal proceedings after a child had been placed with you, but before you were able to finalize an adoption.

What if you had to leave the United States, but you had made commitments to a birth parent regarding open adoption, and you were unable to travel back for agreed upon visits? Are you able to obtain Brazilian citizenship for your child if you have to, or decide to, return to your home country? It's tempting to say it's none of their business and you would figure it out, but courts and adoption professionals see taking these factors into consideration as part of their mandate. I cannot say for certain that you will not be able to adopt, but I would expect that it will be a more challenging path given your circumstances.

Have a question you'd like answered by one of our experts? Send an email to dads@gayswithkids.com with "Ask An Expert" in the subject line.

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Become a Gay Dad

Jewish Agency to Help Cover the Costs of Surrogacy for Gay Couples

Isaac Herzog, of the Jewish Agency's Chairman of the Executive, has made it a priority to support employees family-planning journeys, regardless of their sexual orientation or gender identity.

According to an article in the Jerusalem Post, the Jewish Agency for Israel is about to become first state organization to provide financial assistance to gay employees seeking child surrogacy services overseas. The move is intended to help offset the high costs associated with conducting surrogacy abroad.

The move to do so was led by Isaac Herzog, the Jewish Agency's Chairman of the Executive, who has made it a priority to support employees family-planning journeys, regardless of their sexual orientation or gender identity. The decision will apply to the agency's roughly 1,250 employees. The loans can be used to help cover the costs of necessary medical procedures before surrogacy, and for the process of surrogacy itself, the article notes.

Last year, in a controversial move, the Israeli government expanded the ability of single women to access surrogacy services in the country, but excluded single men and gay couples from the policy.

Herzog said the following in announcing the new initiative:

"We are also making a symbolic statement, because it reflects the egalitarian stance of a large organization that is recognizing the right of every man or woman to actualize their wish to be parents and to raise a family, regardless of gender identity or sexual orientation. The Jewish Agency is one big family, and all its members are equal."

Gay Dad Life

Why Date Night Is So Important

When you're a parent, time alone with your significant other isn't a luxury — it's a necessity.

Even before the morning sunlight — and my eyelids — have lifted, I'm reminded that I'm somebody's father. It's usually around 5:40am when my 8-year old son Maxwell pokes his head into our room shouting "cock-a-doodle-doo" at the top of his lungs. He's usually wearing an adorably comfy onesie, a look he thankfully refuses to retire. His rooster call is followed up with strict demands in quick succession:

"Warm milk!"

"Turn on the lights."

"Where's your phone?"

"Put on Nick Jr."

"Feed me yogurt while I play Fortnite!" (Note: we don't… well… anymore.)

This Groundhog Day routine follows us as we pick out his clothes for the day —"Comfy camouflage t-shirt and sweat pants!" he insists (shoot me now). We then make him breakfast, prepare his packed lunch and then make sure his completed homework is in his schoolbag.

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Change the World

In a First, Scottish Gay Male Couple Offered IVF Treatment by NHS

But the government stressed gay couples will still be responsible for finding a surrogate

In a first, the National Health Service (NHS) in Britain is offering to fund an IVF treatment for two gay men forming their family via surrogacy. Previously, the NHS had refused to do so because of a ban on funding such treatment when a surrogate is involved. Two years ago, the Scottish government changed the law to allow any couple to be eligible. There have been no other cases of IVF treatment for people in England and Wales.

According to the Daily Mail, the Scottish couple (who requested anonymity) revealed they had been granted NHS treatment when they posted an appeal online for an egg donor.

"Our NHS clinic don't have any anonymous egg donors, they advised us we would need to find a known egg donor," the posting said. "Any suggestions how to go about it?"

After a friend voiced surprise that the NHS was offering gay couples treatment, one of the men replied, "it's a new service they offer in Scotland… we only found out [about it] when the GP referred us."

The move was welcomed by LGBTQ groups in England. Stonewall said: 'We welcome any move that ensures lesbian, gay, bi and trans people have fair and equal access to fertility treatment.'

When the Daily Mail reached out to the Scottish government for comment, they confirm fertility treatment for same-sex male couples using a surrogate. But they also emphasized gay men would be responsible for finding their own surrogate.

Adults

Why This Adopted Gay Man Will Never Have Children

Do we have a biological right to parenthood? Kevin Saunders, a childless 52-year-old gay man, says no.

Guest post written by Kevin Saunders.

Two dear friends of mine, each partnered, capable gay men of relatively sound mind and body, have recently decided to become fathers, and I could not be more unnerved. The expense, the risk, the potential for disappointment, the logistical complexity that they must navigate leave me baffled and at times enraged with the lingering question that I have, out of respect, refrained from asking, "WHY, WHY, WHY do you want to do this?!" These feelings toward what most would consider a happy occasion beg a reciprocal enquiry: "Why do you care?" The answer is rooted in a disposition and a history that has left me skeptical of the innate right to biological parenthood that many, gay or straight, seem to feel entitled to.

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Gay Dad Life

Gays WITHOUT Kids (If Just For a Day...)

Andrew Kohn explains why he decided to leave his kids at home this Pride

I'm not a monster. Yes, I saw the wagons carrying lovely toddler children waiving their flags and eating their graham crackers. The children were plentiful wearing their Pride family shirts, bejeweled in rainbow. The weather was perfect and the crowds were as prideful as ever. But my husband and I had a day where we didn't have to worry about someone else, not on the constant lookout for the next available bathroom or calming emotions because we could buy one unicorn costume and not every unicorn costume. We had a day without kids.

Yes, Pride has become commercialized. Some companies want my gay money, but others march and have a presence because one gay voice spoke up and asked why the company hasn't marched. I marched in the parade with my employer – who marched for the first time this year – because I started the conversation about why we hadn't marched before. My husband and I were present. We honored Stonewall. And praised Nina West. And we did it without carrying a bag with extra panties and a couple sippy cups.

Believe me, I get sharing the day with your children. With your family. But in my house, we live Pride every day. Two white dads caring for two black kids makes us walking billboards for equality, love, and acceptance. I don't need a day to celebrate my family with my children. We do it in the grocery store. We do it at preschool. We recognize our uniqueness and celebrate it. My children don't need a meltdown and a long walk to tell them about their history and their fathers' connection to the past.

Instead of worrying about where we would find lunch and, again, where the closest bathroom was, I saw beauty that took me by surprise – and I was able to be in the moment with it. Trans men waking boldly and bravely around only wearing only their bindings. Watching high school kids sitting in the grass, wearing crop tops and eating french fries, literally carefree looking up at the clouds. We experienced a community that was free and uninhibited, if just for one afternoon, where who you are isn't odd or something to be hidden. But rather something that is a definition of you and should be your reality 365 days a year.

I know that being gay and having kids can be overwhelming at times. We ask ourselves if we're representing our community adequately (or have we become too heteronormative?). If we have children of a different race, are we giving them the experiences they need to know who they are, as well as navigate that world with gay parents? Are we so embraced at school functions because of our contributions to community or are we a token family? And yes, I'll ask it, are we good enough for acceptance by all gay families, who as if we're single again, judge each other on wealth, looks, and status? No family is better than any other, and gay parents certainly have opportunities to be better towards one another.

Our Pride ended in a small fight while walking to the car, like all good Pride's should. But it wasn't about kids bickering, or kids getting upset they didn't get the right treat. It was about us centering ourselves in a community that isn't exactly welcoming in certain spaces to gay families other times of the year. It was about us catching up with our past while also seeing our collective future.

And the kids didn't seem to mind. They had fun with a babysitter and lived their Pride out loud when they shopped for daddy and papa gifts for Father's Day. That's our Pride. Maybe when the kids are older, and really get the meaning of Pride, we'll start marching together in solidarity. But for right now, daddies needed a little time alone to reconnect with their LGBT family. And while there may be too many beer ads and not enough voter registration tables, we celebrate visibility and love. And my husband and I had time together, reminding us of who we are, who our original family was, and how we will connect who we are now, and our children, with that family as it grows.

At the end of the day, we're all in it together. And my children will be enriched by the experience. Just not this year. This year, we fertilized our roots so that our branches can grow.

Antwon and Nate became dads through the foster care system. Nine months after becoming licensed, they received a call on a Tuesday, and two days later, their daughter moved in. "It was very quick," said Nate. "Honestly, it was more just shock and nervousness for me."

As new parents, Nate took unpaid leave for two weeks, before going back to work part-time. Antwon didn't receive any leave.

"It's definitely important to have time off to bond, but it's also important to be financially stable when you do it," said Antwon. "I don't think you should have to choose between staying financially afloat or showing your kid love... and I don't think anyone should have to make that choice."

Only 15% of dads in the U.S. have access to paid paternity leave. We want to change this.

Watch Nate and Antwon's video to find out how:

Sign the pledge: www.dovemencare.com/pledge

Like Antwon and Nate, we're helping Dove Men+Care advocate for paid paternity leave for *ALL* dads! Over the next three months, we will be sharing stories of gay dad families and their paternity leave experience. Our goal is to get 100,000 folks to sign the Paternity Leave Pledge.

Dove Men+Care has collected over 30,000 signatures on the Pledge for Paternity Leave in three short months, in a mission to champion and support new legislation for federally mandated paid leave laws in the U.S. With the conversation growing on Capitol Hill, Dove Men+Care will target key legislators to drive urgency behind paid paternity leave policy and provide a social proof in the form of real dad testimonials, expert research and signature support from families across the country.

Our goal is to help Dove Men+Care bring 100,000 signatures to key policymakers in Washington, D.C. for their Day of Action on the Hill, and drive urgency behind this issue.

If you believe *ALL* dads should receive paid paternity leave, sign the Paternity Leave Pledge.

Gay Dad Life

Gays With Kids Turns Five!

Wow! Time certainly flies when you're busy becoming the world's biggest online resource and magazine for gay, bi and trans dads!

As if we don't have enough going on this June (Stonewall's 50th anniversary! Father's Day! Taylor Swift rounding up all the gays in West Hollywood for her latest music video!) we're also celebrating another milestone here at Gays With Kids: we're officially turning five this month. (And we don't look a day over two, right?!)

To celebrate, we took a look back at some of our most popular essays, photos, news stories and more. What do you want to see us cover in the NEXT five years? Let us know at dads@gayswithkids.com


#10. The Hardest Part of Foster Care? The Wait, Say These Dads-to-Be

Several years ago, we brought you this article: The Hardest Part of Foster Care? The Wait, Say These Dads-to-Be. The article included a video of Antwon and Nate, who were in the midst of their process to become foster dads, which quickly became one of our most popular posts of all time. In this video, they shared how difficult it was waiting for "the" call from the agency letting them know their lives would be forever changed once a child came to live with them.

Want to see how the dads are getting on several years later? Check out this updated video here!

#9. Famous Gay Dads and Their Kids!

Our article, Famous Gay Dads and Their Kids, featuring well-known gay dads from Neil Patrick Harris to Ryan Murphy, quickly became one of our most popular. In the years since, as the ranks of gay dads has continued to grow, we've brought you MANY more stories of gay men in the limelight who are venturing into fatherhood. Check them all out here!

#8. The Story Behind America's Youngest Gay Dad

The Story Behind America's Youngest Gay Dad, which ran back in 2015, is also one of our most popular posts of all time! The post explores the story of Brian Mariano, who became a father with an ex-girlfriend while still in high school. "Everybody in my life is really supportive of me," he said. "If it's someone new and a friend mentions I'm a dad, they will stop. 'Wait, what? How are you a dad? You're gay.' It's like that 'Mean Girls' quote sometimes. You know – 'if you're from Africa, why are you white?'"

#7. When His Son Got a Tattoo, He Freaked Out. Then He Saw What it Was

This article, When His Son Got a Tattoo, He Freaked Out, definitely plucked the heartstrings of our readers! Which is why it's one of the most popular articles on our site of all time.

"Guess what dad I'm getting a tattoo," Richard's son, Jonathan, texted him. "Don't you dare," was Richard's response. But Jonathan went ahead with it anyway. At first, his dad "fumed." But then he found out what the tattoo was.

"So I got my first tattoo!!" Jonathan wrote on Facebook, of his roman numeral tattoo on his side. "This date is the day that my life changed. This is the day my dads adopted me. The greatest day in my life knowing that for the rest of my life I would finally have a loving family that loved me for me!" (Another one of our most popular posts is this photo essay of gay dads who explain the meaning behind their tattoos.)

#6. 8 Black Dads Share What Black History Month Means to Their Families

Last year, during February's Black History Month, we ran an article titled 8 Black Dads Share What Black History Month Means to Their Families. To create the post, we asked our community a simple question: as a Black gay dad, what does this month mean to you, your family, and your community? The answers we got back were reflective, poignant and deeply moving, which is why this article became one of our most-viewed ever.

Check out the story here.

#5. 19 Photos of Matt Dallas & Blue Hamilton That Will Make You Green with Parenting Envy

Ok the popularity of this article, 19 Photos of Matt Dallas & Blue Hamilton That Will Make You Green with Parenting Envy, doesn't need that much explanation. Gorgeous, talented, successful and good dads? What's not to love! Also check out this more recent post, Things Husbands (and Gay Dads) Do According to Matt Dallas and Blue Hamilton, which is also quickly climbing the ranks of our most popular!

#4. A Gay Dad's Message From His Heart to his Facebook Friends

This article, A Gay Dad's Message From the Heart to his Facebook Friends, by gay dad Michael Anderson, ran in the troubling aftermath of the 2016 Presidential election, when so many LGBTQ people, our allies, and other vulnerable communities looked (and continue to look) towards an uncertain future.

"Suddenly I don't feel secure anymore," Michael wrote. "Vice president-elect Pence has an extensive anti-gay record from supporting gay conversion therapy on kids that literally includes trying to (but failing to) electro-shock the gay out, to signing legislation in his state in 2013 to jail any same-sex couple who attempted to get a marriage certificate. All of the progress that we have made that gives my family a sense of belonging and security is very likely to be erased."

For more of our ongoing political coverage, including the 2020 race, check out these articles as well.

#3. Helping Gay Men Afford Adoption Through Sizable Grants

Our third most popular article, Helping Gay Men Afford Adoption Through Sizable Grants, features our good friends Help Us Adopt, an amazing non-profit organization that helps adoptive parents offset the substantial costs associated with the process. They are also dedicated to inclusivity, and are one of the few financial resources available for gay adoptive parents. Check out this great profile of their work!

#2. 9 Times Gay Dads Crushed Their Pregnancy Announcement Pics

Gay dads love a good photo opportunity. So obviously this photo essay of gay dad pregnancy announcement pics is high up on our list as well. This photo essay, 9 Times Gay Men Crushed Their Pregnancy Announcement Pics, is our second most popular. Check out this most recent roundup of pregnancy announcement pics, which is also climbing the

And Our MOST Viewed Article of All Time Is... 

Gay dads do Halloween right! So it's no surprise that this article, 13 Dads Giving You Major Family Halloween Costume Goals, is our most viewed of all time! And though Halloween may still be months away, why not prepare early with a look at some of our other most popular Halloween articles!

Gay Dads Snap Pics at the Pumpkin Patch
Nobody Does Halloween Like Neil Patrick Harris and Fam
31 Gay Dads Serving Major Halloween Costume Inspo (and Where to Get The Looks!)
Get Your DIY Skills On for Halloween, Dads!







THANK YOU!

Lastly, a big thank you to all of our readers! It's thanks to you that we now can claim the biggest online community of gay, bi, and trans dads in the world (not to mention two GLAAD award nominations ;) We can't wait to see what the next five years bring!

Fatherhood, the gay way

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