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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News

Indiana Court Says Couples Using Sperm Donors​ Can Both Be Listed on Birth Certificate — But Ruling Excludes Male Couples

The 7th US Circuit Court of Appeals ruled in favor of the plaintiffs in the case, a major victory for LGBTQ parents — but the Attorney General may appeal to the Supreme Court.

On Friday, a US Circuit Court of Appeals upheld a ruling from a lower court that said that both parents in a same-sex relationship are entitled to be listed on the birth certificate — previously, the state of Indiana had required the non-biological parent within a same-sex relationship using assisted reproductive technologies to adopt their child after the birth in order to get her or his name listed on the birth certificate, a lengthy and expensive process not required of straight couples in the same situation.

It's a double standard LGBTQ parents have long been subjected to in many states across the country. So this represent a major win. As reported by CNN, this ruling "takes a lot of weight off" the shoulders of LGBTQ parents, said Karen Celestino-Horseman, a lawyer representing one of the couples in the case. "They've been living as families and wondering if this was going to tear them apart."

The 7th US Circuit Court of Appeals deliberated the case, according to CNN, for more than two and a half years, which is one of the longest in the court's history.

However, because all the plaintiffs in the case involved female same-sex couples using sperm donors, the ruling left open the similar question of parenting rights with respect to male couples. Indiana's Attorney General, moreover, may also appeal the case to the Supreme Court.

We'll be following the case closely and be sure to keep you up to date. For more on this recent decision, read CNN's article here.

Personal Essays by Gay Dads

Sick of the News? Turn Off the T.V. and Take Action, Says This Gay Dad

Erik Alexander, a resident of Hurricane-prone New Orleans, is used to media spin. But he's getting tired of protecting his kids from it.

BSA Photography

"They grow up so fast!" I often heard that cliché when I was growing up. It was like a knee-jerk response to people's comments about us, and my mom said it all the time. But, as it turns out, that cliché is soooo true. So savor every single — good or bad — and enjoy this precious time together. Be happy and make them laugh. Guard them. Shelter them. Protect them from the difficult realities of the outside world while you can. And in this day and age, keep yourself together. Don't let the stresses of everyday life get you down, especially in front of them. I say all of this so maybe I can do a better job of applying these things to my own life.

It is so easy to get sucked down the rabbit hole of the world's social and political drama. We want to protect our babies from everything. So does that mean we have to be glued to Rachel Maddow & Anderson Cooper every night? The thing is, our news media is not what it used to be. Back in the day, our news was held to much higher standards. There were more facts and less spin. Another striking difference is that news outlets weren't constantly seeking to sensationalize the stories they were covering.

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Politics

Utah Court Rules Gay Couples Can't Be Excluded From Surrogacy Contracts

The Utah Supreme Court found in favor of a gay couple attempting to enter into a surrogacy contract.

DRAKE BUSATH/ UTCOURTS.GOV

Earlier this month, the Utah Supreme Court ruled that a same-sex couples can't be excluded from entering into enforceable surrogacy contracts, and sent a case concerning a gay male couple back to trial court to approve their petition for a surrogacy arrangement.

As reported in Gay City News, the case concerns Utah's 2005 law on surrogacy, which was enacted prior to the legalization of same-sex marriage in the state. As a result, the content of the law is gendered, saying that surrogacy contracts should only be enforceable if the "intended mother" is unable to bear a child. When a gay couple approached District Judge Jeffrey C. Wilcox to enter into a surrogacy arrangement, he denied them, arguing that the state's law only concerned opposite sex couples.

"This opinion is an important contribution to the growing body of cases adopting a broad construction of the precedent created by Obergefell v. Hodges and the Supreme Court's subsequent decision in Pavan v. Smith," according to GCN. "It's also worth noting that same-sex couples in Utah now enjoy a right denied them here in New York, where compensated gestational surrogacy contracts remain illegal for all couples."

Read the full article here.

Gay Dad Family Stories

These Dads Had 'Twins' — Just Four Months Apart

Angel and Dan's wanted twins, without the complications of a twin pregnancy — so they worked with two separate surrogates at once.

If you have ever been out late on a Saturday night, you may have high hopes of meeting a handsome stranger, but you probably wouldn't expect to meet your future husband. Angel Mario Martinez Garcia, 45, surely didn't when, five years ago on a very early Saturday morning in Barcelona, he casually approached Dan's Mouquet, 40, and asked him, over many gin and tonics, what he wanted out of life. The nightlife setting notwithstanding, Dan's told Angel he ultimately wanted a quiet life, with a partner and children.

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Politics

Gestational Surrogacy Legalized in New York State

The Child-Parent Security Act, which legalizes commercial surrogacy in New York State, was included in the 2020 New York State Budget signed by Governor Cuomo

Yesterday, a years-long battle about the state of compensated gestational surrogacy came to an end in New York when the Governor signed into a law the Child-Parent Security Act in the 2020 as part of the state budget.

The effort stalled last year after opponents, including several Democrats, successfully argued that the bill didn't go far enough to protect women who serve as surrogates — even though it included a surrogate "bill of rights," the first of its kind in the country, aimed at ensuring protections.

"Millions of New Yorkers need assistance building their families — people struggling with infertility, cancer survivors impacted by treatment, and members of the LGBTQ+ community," the Family Equality Council said in a statement about the victory. "For many, surrogacy is a critically important option. For others, it is the only option. Passage of the Child-Parent Security Act is a massive step forward in providing paths to parenthood for New Yorkers who use reproductive technology, and creates a 'surrogate's bill of rights' that will set a new standard for protecting surrogates nationwide."

Opponents, led by Senator Liz Krueger, had once again attempted to torpedo legalization efforts this year by introducing a second bill that would legalize surrogacy in New York, but also make it the most restrictive state in the country to do so. "A bill that complicates the legal proceedings for the parents and potentially allows them to lose their genetic child is truly unfortunate," said Sam Hyde, President of Circle Surrogacy, referencing to the bill's 8-day waiting period. He also took issue with the bills underlying assumptions about why women decide to serve as a surrogate. The added restrictions imply that "they're entering into these arrangements without full forethought and consideration of the intended parents that they're partnering with," he said.

The bill was sponsored by State Senator Brad Hoylman, an out gay man who became a father via surrogacy, and Assemblymember Amy Paulin, who has been public with her experiences with infertility.

"My husband and I had our two daughters through surrogacy," Holyman told Gay City News. "But we had to travel 3,000 miles away to California in order to do it. As a gay dad, I'm thrilled parents like us and people struggling with infertility will finally have the chance to create their own families through surrogacy here in New York."

"This law will [give intended parents] the opportunity to have a family in New York and not travel around the country, incurring exorbitant costs simply because they want to be parents," Paulin said for her part. It will "bring New York law in line with the needs of modern families."


Personal Essays by Gay Dads

Just Like Dad: Ways My Kids and I Are Alike

Joseph Sadusky recounts the ways he and his adopted sons are cut from the same cloth.

Editor's Note: This is the third in a series of excerpts from Joseph Sadusky's new book, Magic Lessons: Celebratory and Cautionary Tales about Life as a (Single, Gay, Transracially Adoptive) Dad. The book contains many stories about my life as a dad, as well as lessons learned, and we're excited to share several excerpts from the the book over the course of the next few months. Read previous installments here!

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Expert Advice

4 Tips for Single Gay Dads Raising Daughters

Here are some ways to create a safe space for your daughter to discover who she is, with you by her side.

There's nothing quite like father-daughter relationships, and when it comes to single dads, your little girl likely holds a very special place in your heart. From the moment she's born, it's as if you can see every moment of her life in front of you, from her first steps to walking her down the aisle at her wedding. You'll be the first man she'll know and talk to, and you'll be her biggest example of what a loving man looks like. She'll come to you for advice on how to navigate challenges, be independent, treat others and grow into herself.

Your relationship with your daughter may be shaped by your personal history, whether you've been through a difficult divorce or breakup, you've transitioned out of a straight relationship, or you made the courageous decision to pursue surrogacy on your own. Whatever your situation is, studies have shown that children with involved fathers excel more in school and have fewer behavioral issues in adolescence.

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Fatherhood, the gay way

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