Politics

Daughter of Married Gay Couple Who Used Surrogacy Abroad Isn't Citizen, Says U.S. State Department

A decades-old law can be used to discriminate against gay couples who use surrogacy abroad.

James Derek Mize and his husband Jonathan Gregg are both American citizens, but their daughter, born via a surrogate, may not be, at least according to the U.S. State Department.

The New York Times took an in-depth look at this case in a piece that ran in the paper yesterday. While James was born and raised in the U.S, his husband Jonathan was originally born in Britain. That may be enough, according to the State Department, to deny their daughter citizenship.

"We're both Americans; we're married," James told the New York Times. "We just found it really hard to believe that we could have a child that wouldn't be able to be in our country."

According to decades-old immigration law, a child born abroad must have a biological connection to a parent that is a U.S. citizen in order to be eligible to receive citizenship upon birth. Children born via surrogacy are determined to be "out of wedlock," according to the Times report," which then requires a more onerous process to qualify for citizenship, such as demonstrating that a biological parent is not only an American citizen, but has spent at least five years in the country.

The intent of the law, which dates back to the 1950s, was to prevent people from claiming, falsely, that they are the children of U.S. parents. But LGBTQ advocates argue this archaic policy is being used intentionally to discriminates against same-sex couples, who often have to rely on donors, IVF and surrogacy in order to have biologically children, and are thus held to a higher standard.

"This is where our life is. This is where our jobs are," James told the Times. "Our daughter can't be here, but she has no one else to care for her."

Read the whole story here.


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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.

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News

Gay Dads Told One Must Identify as 'Mother' to Enroll in Daycare

The Israeli gay dads told one must identify as mother — like a "normal couple" — in order to receive financial assistance for daycare.

Israeli dads Guy Sadak Shoham and Chai Aviv Shoham were trying to enroll their two-year-old twins in daycare when they were told by a government official that one would need to identify as the "mother" in order to be cleared.

According to Out Magazine, the couple was attempting to apply for financial aid to help pay for the costs of preschool when a government bureaucrat called them to discuss their eligibility.

"I understand that you are both fathers and understand that you both run a shared household, but there is always the one who is more dominant, who is more the mother," the government said, according to an interview on the Israel site Ynet (translated by Out Magazine). "I am just asking for a written statement in your hand which of you is the mother. From the point of view of the work, which works less than the father. Like a normal couple."

The official, apparently, said she was beholden to rules set for in the Ministry of Economy.

"It is mostly sad and a little disturbing," one of the dads told Ynet. "These are concepts that we consider the past. We do not necessarily come up with allegations against this representative, she is ultimately subject to the guidelines and as she said, they are the state. It is also sad that the state's definition of a mother is someone who works less and is at home with the children, and that we must choose which of us meets that definition."

The Ministry of Labor and Social Affairs, fortunately, issued an apology following the incident, and promised to update its protocols. "We will emphasize that the Ministry of Labor and Social Affairs practices explicitly treat all types of families and grant equal rights to all," the ministry wrote in a statement, an apology that was called "insufficient" by Ohad Hizki, the director-general of the National LGBT Task Force.

"The Ministry of Labor and Welfare must sharpen its procedures immediately to prevent recurrence of cases of this kind, as other public organizations have been able to do," he said.

Read more about this story on Out Magazine.

Entertainment

First Gay Dads Via Surrogacy in the U.K. Separate as One Plans New Family with Daughter's Ex-Boyfriend

Barrie and Tony Drewitt-Barlow first became known in the UK for being the first gay couple to become dads via surrogacy.

Barrie and Tony Drewitt-Barlow first made headlines in 1999 when they became the first gay couple to become dads via surrogacy in the U.K. They did so again after they announced their separation — and when Barrie revealed he's dating his daughter's bisexual ex-boyfriend, the 25-year-old Scott Hutchinson.

And now the new couple are sending shockwaves through queer media by announcing the two hope to have twins via surrogacy in the near future.

According to Out Magazine, Scott not only dated Barrie's daughter, Saffron, but also worked as his assistant. Despite the age difference and potential for family drama, the pair fell in love. The couple still share a home with Barrie's ex, Tony — and their daughter Saffron.

Barrie told The Sun that the couple also hope to have twin daughters via surrogacy in the near future — and is revealing it now because he doesn't "want there to be any secrets and I want to get any negativity out of the way before our babies arrive." Barrie's ex, Tony, is reportedly onboard with this arrangement — he's even agreed to serve as the future twins' godfather.

Out Magazine further reported that Barrie and Scott each hope to fertilize an egg, and hope to conduct the insemination with their surrogate within the next three weeks. Of course, who are we to judge, assuming all adults involved are consenting and on board with this unconventional turn of events (though comment from the daughter Saffron is notably absent in the interviews). But that didn't stop Out Magazine from ending their reporting with just a wee touch of gay shade... If one of their future daughters "has a cute boyfriend one day," they write. "Who knows!"

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.

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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.

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Gay Dad Family Stories

These Gay Dads Lost Everything After Hurricane Dorian — Except Hope

The couple, who live in "Hope Town" in the Bahamas, lost everything after suffering a direct hit from Hurricane Dorian this past summer.

Max Bethel-Jones, 52, had traveled to more than 120 countries over the last 30 years working with the United Nations, but had never been to the Bahamas — in 2015, he decided to apply for a private teaching job as a special needs teacher in Freeport on the island of Grand Bahama.

Just weeks after his arrival, he'd get a whole lot more than another pin in his map of visited countries when he attended a social event at Freeport Rugby. "My object was to ogle the local male talent but several women had other ideas," he said. One woman was particularly insistent, he said, but after a couple of drinks she got the hint that he batted for the other rugby team. "She promptly told me there was someone I should meet."

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Fatherhood, the gay way

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