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...
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 Gay Chiropractor Explains Why He Came Out to His Patients

After Cameron Call, a chiropractor, came out to his family this past year, he knew he had one more step to take — he had to come out to his patients

Fear is an interesting thing. It motivates when it shouldn't, shows at inconvenient times, and is the author of stories that do nothing but hold us back. I would argue though, too, that fear has some good qualities. I believe it helps us to feel. And I think it can be a great teacher as we learn to recognize and face it.

For years fear prevented me from embracing my truth and accepting a large part of who I am. I know I am not alone in that regard. But for so long my fear convinced me that I was. Fear is what kept me from ever telling my parents or anyone growing up that I am gay. Fear mingled with strong religious teachings, embraced at a young age, which led me to believe that I could cure myself of my attractions to the same gender. And fear is a part of what kept me in my marriage to a woman for over ten years.

Only so much growth and learning can occur when we limit ourselves to our fears. If people never did anything they were afraid to do, life would be incredibly boring and far too predictable. At some point we must face the things we fear and just go for it not knowing what will happen next.

After finally coming out to my ex-wife after ten years of marriage (see previous articles for that story), and eventually telling my family I knew there was one more step I needed to make.

I am a business owner. I am a structural chiropractor and am highly specialized in my field. Nearly four years ago I opened my own clinic, Horizon Chiropractic Center, in Phoenix, Arizona. I poured my whole heart, body, and soul into the creation of my practice and its growth. Opening a business fresh out of school is no simple task and I worked hard to build my practice with close relationships and word of mouth referrals. I established myself as an expert and built a strong reputation as a family man, and my ex-wife and kids were the face of my practice.

I loved and do love every person who has ever come into my office and treat them like family. We laugh together during visits, celebrate wins, cry together, often hug, and cheer each other on regarding various things in our life. That's also a large part of who I am: a people person. I enjoy spending quality time with those I am privileged to help. No one comes in my office and only sees me for 2-5 minutes.

Even though there was so much good that I had built into my brand and reputation fear eventually found its way into my business too. I was afraid of what would happen if people found out the truth. Would they be okay with having a gay chiropractor? Would they still trust me to be able to help them? Of course, the story in my head I was telling myself was much bigger and badder than it needed to be.

When we decided to get a divorce, I felt strongly that I needed to face these fears and begin telling a number of patients the truth of what was happening in my life. I know in reality it is no one's business but my own. However, I felt like I needed to let my patients who had become like family to me truly see me for who I am, and who I always was. And so slowly, case by case, I began to tell a select number of people.

I'll never forget the first patient I told. She had been coming in for years and was bringing her son in to see me who is on the autism spectrum. It was the day after my ex-wife and I decided to get a divorce and she could tell something heavy was on my mind. I eventually came out to her. The first words out of her mouth were "I am so proud of you!" We cried and hugged and it was the complete opposite of what I ever expected. And it was perfect. I felt loved. I felt accepted. I felt seen.

As time went on it got easier. And overall the responses were all completely positive and supportive. Out of all the patients I told and those who found out from other circles, only three stopped coming in to see me. Since coming out, my office has grown tremendously. My reputation hasn't changed. If anything, it's solidified. I can't help but think that part of that is due to finally embracing all of me and allowing others the same opportunity.

I read somewhere once that you never really stop coming out of the closet. And I've noticed that too. Sure, not everyone needs to know; it isn't everyone's business. And I hope that one day we live in a time period where fear doesn't prevent anyone from being seen. I want to contribute to the upward trajectory I think our society is headed of understanding, acceptance, support, and equality.

I would love to be able to say that after coming out publicly I no longer feel fear; but I do. And I think in some ways I always will no matter what. But that's part of life, right? Recognizing fear when we have it but then choosing to move forward out of love – love for others, but maybe more importantly love for ourselves.

Personal Essays by Gay Dads

A Gay Dad Gains Clarity After a Health Scare

A recent health scare helped give Erik Alexander clarity.

Sometimes fear can cripple the mind and hinder ones judgement. Having children of my own, I have come to grips with accepting the things I cannot change and learned to take action when there is no other choice. When it comes to my own personal health, the future and well being of my family gives me all the clarity I need to make the right decision about any kind of health scare.

This episode is dedicated to all the parents out there that are going through or have gone through similar situations.

Keep reading...
Gay Dad Family Stories

This European Couple Became Dads Through a U.K.-Based Surrogacy Program

Janno, from Estonia, and Matthias, from Belgium, were accepted into the "Childlessness Overcome Through Surrogacy" Program.

Janno Talu, an accountant, and Matthias Nijs, an art gallery director, were born in different parts of Europe. Janno, 39, is from Estonia, and Matthias, 28, is from Belgium. Their paths crossed when the two moved to London, each from their different corners of the European Union.

Janno relocated to London earlier than Matthias, when he was 24, and his main reason for the move was his sexuality. "Although Estonia is considered one of the more progressive countries in Eastern Europe, when it comes to gay rights, it is still decades behind Western society in terms of tolerance," said Janno. "And things are not moving in the right direction." In 2016, same-sex civil union became legal, but the junior party in the current coalition government is seeking to repeal the same-sex partnership bill. "In addition," Janno continued, "they wish to include the definition of marriage as a union between a man and a woman in the country's constitution. Even today, there are people in Estonia who liken homosexuality to pedophilia, which is why I decided to start a new life in the UK, where I could finally be myself."

Keep reading...
Surrogacy for Gay Men

Interested in Surrogacy? Check Out These Bay Area Events This Weekend

If you're in the Bay Area this weekend, two major events are happening that will be of interest for dads-to-be and surrogacy advocates: the Men Having Babies San Francisco Conference, and the SF Advocacy and Research Forum for Surrogacy and LGBT Parenting (ARF)

If you're in San Francisco or the surrounding area, clear your calendar this weekend. Two events are happening simultaneously that are significant for dads-to-be AND surrogacy advocates: the Men Having Babies San Francisco Conference, and the SF Advocacy and Research Forum for Surrogacy and LGBT Parenting (ARF). For an outlines of both events, check out below.

Keep reading...

Fatherhood, the gay way

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

Follow Gays With Kids

Powered by RebelMouse