Change the World

Judge's Decision in NY 'Compassionate Surrogacy' Case Involving Gay Dad Overturned

Though compensated surrogacy remains illegal in New York State, "compassionate surrogacy" arrangements are remain legal

Last week, an unanimous four-judge panel, part of the New York Appellate Division in Brooklyn, New York, revived a gay dad's petition to adopt his son born via surrogacy. The dad, identified as "Joseph P." in court documents, had earlier been denied his petition to adopt by a Queens County Family Court Judge, John M. Hunt. The Queens judge denied the petition because compensated surrogacy contracts are illegal in New York. However, the child born to Joseph was born via "compassionate surrogacy," meaning his gestational surrogate was not compensated.

The Appellate court's decision, written by Justice Alan D. Scheinkmanm called Hunt's decision "clearly erroneous," and held that a new Family Court judge should re-hear the case.

Judge Hunt's decision is all the more confusing since Joseph had actually already become a father via surrogacy in New York—three times over. In each instance, he used donor eggs and a friend serving, voluntarily, as the gestational surrogate. He had his first child in 2012, and then twins the following year. In all three instances, a Family Court judge granted Joseph's adoption petition, given that each child was conceived via "compassionate surrogacy," meaning no money changes hands in the course of a surrogacy journey between carrier an intended parent. This type of surrogacy arrangement is not illegal under to New York law. The social worker in Joseph's latest attempt to adopt, Gay City News noted, also gave him a favorable review, calling him "a mature, stable, and caring person who intentionally created a family of himself, the twins, and John."

Gay City News notes: "Justice Scheinkman provided a careful description of the laws governing surrogacy in New York. The Legislature provided that surrogacy contracts are unenforceable and treated as void. However, the only surrogacy contracts actually outlawed are those where the surrogate is compensated. It was clear to the Appellate Division that the Legislature did not mean to outlaw voluntary surrogacy arrangements, merely to make them unenforceable in the courts. Those who enter into a compensated surrogacy agreement face a small monetary fine and people who act as brokers to arrange such agreements are liable for a larger penalty. There is no penalty for voluntary, uncompensated surrogacy arrangements."

Read the full article here.

Show Comments ()
Change the World

"Dadvocates" Gather in D.C. to Demand Paid Family Leave for ALL Parents

"Dadvocate" and new gay dad Rudy Segovia joined others in D.C. recently to educate lawmakers on the need for paid family leave for ALL parents

On Tuesday October 22, Dove Men+Care and PL+US (Paid Leave for the United States) led the Dads' Day of Action on Capitol Hill. A group of over 40 dads and "dadvocates" from across the states lobbied key member of Congress on the issue of paid paternity leave for *ALL* dads. They shared stories of their struggles to take time off when welcoming new family members and the challenges dads face with no paid paternity leave.

Keep reading... Show less
News

New York Will Fight 'Repugnant' Trump Rule on Adoption, Says Cuomo

Governor Andrew Cuomo of New York promises legal action of the Trump administration moves ahead with plans to allow discrimination against LGBTQ adoptive and foster parents

Last week, the Trump administration announced plans to allow adoption and foster care agencies to discriminate against prospective LGBTQ parents — but he may face a legal fight from (former) hometown. In a tweet, Governor Andrew Cuomo of New York said the proposed move "isn't just discriminatory and repugnant to our values,— it's also heartless and dumb as it would deny countless children a loving family and a safe place to call home." If the proposal moves forward, he continued. "we'll take legal action to stop it.

Governor Cuomo's office followed up the tweet with a lengthier statement posted to their website:

Once again the Trump administration is attacking the hard-earned rights and protections of the LGBTQ community, this time proposing a new measure that would give foster care and adoption agencies license to discriminate based on sexual orientation or gender identity.

Trump's proposal isn't just discriminatory and repugnant to our values — it's also heartless and dumb as it would deny countless children a loving family and a safe place to call home. If he moves forward with this rule, we'll take legal action to stop it.

No matter what happens in Washington, New York State is and will continue to be a beacon of equality in this country. Our Human Rights Law and adoption regulations expressly prohibit discrimination against the LGBTQ community, including when it comes to adoption. I encourage any LGBTQ New Yorker who feels they are a victim of this discrimination to contact the State Division of Human Rights for assistance.

Our message to the Trump administration is simple: there is no place for hate in New York or in our nation, and we will not allow this noxious proposal to stop LGBTQ New Yorkers from becoming parents or providing care to children in need.

News

Michigan Judge Allows Faith-Based Discrimination Against LGBTQ Adoptive Parents to Continue

Discrimination against LGBTQ parents can continue in Michigan, says judge

Last month, U.S. District Judge Robert Jonker ruled in a motion that faith-based adoption agencies are allowed to discriminate against prospective LGBTQ parents on the basis of religious belief. The state's Attorney General, Dana Nessel, asked the judge for a stay while she appealed the decision to a higher court. Last week, the judge denied the motion, effectively allowing adopting agencies to discriminate immediately.

The case involves St. Vincent Catholic Charities, who sued the state of Michigan, contending the adoption agency should be exempt from the state's anti-discrimination laws on the grounds that LGBTQ parenthood violets the church's religious beliefs.

This decision "turns the status quo on its head rather than maintaining it," Attorney General Nessel said in her motion. She wrote further that such a move "presents significant, potential injury" to children who need homes, and limits "the number of applicable families for children in a foster care system who desperately need families."

The judge, in turn wrote that "Under the attorney general's current interpretation of Michigan law and the parties' contracts, St. Vincent must choose between its traditional religious belief, and the privilege of continuing to place children with foster and adoptive parents of all types."

We'll be following this case as Attorney General Nessel's office appeals this decision. Read more about the case here.

Diary of a Newly Out Gay Dad

A Newly Out Gay Dad Feels 'Demoted' After Divorce

Cameron Call showed up to his first family Thanksgiving since coming out and getting a divorce — and struggles to find himself "stuck with the singles."

Cameron Call, who came out in summer 2019, has generously agreed to chronicle his coming out journey for Gays With Kids over the next several months — the highs, lows and everything in between. Read his first article here.

Denial is an interesting thing. It's easy to think you're potentially above it, avoiding it, assume it doesn't apply to you because you'd NEVER do that, or maybe you're just simply avoiding it altogether. After finally coming out, I liked to think that I was done denying anything from now on. But unfortunately that's not the case.

And this fact became very clear to me over Thanksgiving.

Keep reading... Show less
Resources

New Report Details the 'Price of Parenthood' for LGBTQ People

A new report by the Family Equality Council takes a deep dive into the current state of cost for becoming a parent as an LGBTQ person

Parenthood is expensive. But parenthood while queer is still prohibitively costly for so many segments of the LGBTQ community interested in pursuing a family, according to a new repot by the Family Equality Council, titled, "Building LGBTQ+ Families: The Price of Parenthood."

Among the more interesting findings was this one: the cost of family planning is relatively similar for all LGBTQ people, regardless of income level. This shows "that the desire to have children exists regardless of financial security," the report's authors conclude.

Research for the report was conducted through an online survey of 500 LGBTQ adults over the age of 18, and was conducted between July 11-18, 2018. For comparison, the survey also included 1,004 adults who did not identify as LGBTQ.

Other interesting findings of the report include:

  • 29% of all LGBTQ+ respondents reported an annual household income under $25,000 compared to 22% of non-LGBTQ+ respondents.
  • 33% of black LGBTQ+ respondents, 32% of female-identified LGBTQ+ respondents, and 31% of trans/gender non-conforming LGBTQ+ respondents reported annual household incomes below $25,000.
  • Respondents for this survey were selected from among those who have volunteered to participate in online surveys and polls. All sample surveys and polls may be subject to multiple sources of error, including, but not limited to sampling error, coverage error, error associated with nonresponse, and error associated with question-wording and response options.29% of all LGBTQ+ respondents reported an annual household income under $25,000 compared to 22% of non-LGBTQ+ respondents.
  • 33% of black LGBTQ+ respondents, 32% of female-identified LGBTQ+ respondents, and 31% of trans/gender non-conforming LGBTQ+ respondents reported annual household incomes below $25,000.
  • Regardless of annual household income, 45-53% of LGBTQ+ millennials are planning to become parents for the first time or add another child to their family. Those making less than $25,000 a year are considering becoming parents at very similar rates as those making over $100,000.
  • Data from the Family Building Survey reveals that LGBTQ+ households making over $100,000 annually are considering the full range of paths to parenthood, from surrogacy and private adoption to foster care and IVF. The most popular options under consideration in this income bracket are private adoption (74% are considering), foster care (42%), and IVF or reciprocal IVF (21%). At the other end of the economic spectrum, for LGBTQ+ individuals in households making less than $25,000 annually, the most commonly considered paths to parenthood are intercourse (35% are considering), foster care (30%), and adoption (23%).

What to Buy

A Gift Guide for LGBTQ Inclusive Children's Books

Need some ideas for good LGBTQ-inclusive children's books? Look no further than our gift guide!

Every year we see more books released that feature our families, and we're here for it! We're especially excited for the day when diverse and LGBTQ+ inclusive books are less of "the odd one out" and rather considered part of every kids' everyday literacy.

To help us reach that day, we need to keep supporting our community and allies who write these stories. So here's a list of some of the great books that need to be in your library, and gifts to the other kids in your lives.

Keep reading... Show less
Gay Dad Life

Broadway Performer's Surrogacy Journey Briefly Sidetracked — for One Very 'Wicked' Reason

"Broadway Husbands" Stephen and Bret explain the exciting reasons they had to hit pause on their surrogacy journey — but don't worry, they're back on track!

In the latest video of the Broadway Husbands sharing their path to fatherhood, Stephen and Bret explain their hiatus for the past 4 months. The couple have big news to share including a relocation, a job announcement, and the fact that they're getting ready to restart their journey (which they had to take a brief pause from since September).

Watch their video to find out their latest news.

Keep reading... Show less

Fatherhood, the gay way

Get the latest from Gays With Kids delivered to your inbox!

Follow Gays With Kids

Powered by RebelMouse