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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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.

Personal Essays by Gay Dads

Thoughts and Prayers Aren't Working:​ One Father's Plea for Gun Reform

One gay dad's plea to our leaders to enact sensible gun control

My articles on GaysWithKids aspire to be lighthearted, helpful and humorous. This one won't be any of those things. Because I'm feeling heavyhearted, helpless and sad. Last week I woke up to news of yet another mass shooting. This time at a family-friendly Garlic Festival in northern California. I don't know if it's because this one hit so close to home, or if it's because the headline included a picture of the innocent 6-year old who was among those killed, but I am overcome with emotion. But mostly I am angry. And I don't know what to do with my anger.

Then, just a few days later came two additional horrific mass shootings that stole the lives of at least 32 more innocent people, many of them children. And then there's the "everyday" gun violence that plagues American cities like Chicago, where guns injured another 46 people this past weekend alone… creating so much turmoil, a hospital had to briefly stop taking patients.

How does one verbalize the collective sadness felt around the world? One can't. And that's why I am asking everyone reading this article to commit to getting involved in some way, to help end this epidemic once and for all. Even though the solution is so obvious, we can't allow ourselves to become numb to mass shootings. Because becoming numb isn't going to save anyone.

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Politics

Gay Russian Dads Forced to Flee Moscow

Fearing the Russian government might take their adopted kids into custody because of their sexual orientation, Andrei Vaganov and Yevgeny Yerofeyev fled Moscow

A married couple in Russia, with two adopted children, were just forced the flee their home in Moscow for fear that the authorities would take their children away, according to German news site Deutsche Welle.

Trouble started last month after investigators in Russia opened a criminal inquiry into the proceedings that had allowed the gay couple, Andrei Vaganov and Yevgeny Yerofeyev, to legally adopt the two boys —adoption by LGBTQ people in Russia has typically not been recognized. The government became aware of the adoption proceedings after the gay couple brought their 12-year-old son to the hospital, who was complaining of a stomachache. The boy was fine, but after he mentioned offhand that he was adopted and lived with two fathers, the doctor called the police.

Andrei and Yevgeny granted an interview with Deutsche Welle after escaping Moscow, but on the advice of their lawyers have yet to disclose where they are currently located. Here is a quick recap of that conversation:

"In connection with the 'propaganda of non-traditional values,' the state representatives are accused of having neglected their duty of supervision," Andrei said, when asked to explain on what basis the Russian government might take his children into custody. "This means that lesbian couples could even have their biological children taken away because, through their lifestyle choices, they propagate "certain values."

Yevgeny also explained the events that led to the couple's harrowing escape "I was alone in Moscow at that time. A week after Andrei and the children had left the country, there was a knock on my door, but nobody called 'police, open up.' After half an hour the violent knocking stopped. My parents' home was searched. They were looking for the children and our Danish marriage certificate because we got married in Denmark in 2016. My friends then got me out of the country."

Read the full interview here.

Change the World

Hungarian Company Raising Money for LGBTQ+ Organization with a LEGO® Heart

Startup WE LOVE WHAT YOU BUILD is helping combat misinformation and prejudice in Central and Eastern Europe

Guest Post from WE LOVE WHAT YOU BUILD

WE LOVE WHAT YOU BUILD is an innovative startup venture that sells LEGO® parts and unique creations. The core values of our company include social equality regardless of gender identity or origin. As LEGO® is a variety of colors and shapes, so are the people.

We all know that LEGO® is a brand that nearly everyone knows and likes between the age of 3 and 99 so this gives a great opportunity to connect unique LEGO® creations and Pride. We started a fundraising campaign for a Hungarian LGBTQ+ organization who's aim is to bring people closer to the LGBTQ+ community, they help to combat misinformation and prejudice regarding LGBTQ+ issues in Central- Eastern Europe since 2000.

You might know that gender equality and the circumstances of LGBTQ+ people is not the easiest in the former communist Eastern European countries like Hungary so this program is in a real need for help. For example a couple of month ago a member of the government said that homosexual people are not equal part of our society.

The essence of the campaign is when one buys a Pride Heart, a custom creation made of brand new and genuine LEGO® bricks the organization gets $10.00 donation so they can continue their important work. This Pride Heart is a nice necklace, a decoration in your home, and a cool gift to the one you love.

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Entertainment

Single Gay Dad Featured on Season Three of GLOW

Actor Kevin Cahoon joins the Gorgeous Ladies of Wresting in Vegas as a single gay dad — and drag queen — on Season Three of the hit Netflix show

For a couple of years now, Hollywood has been obsessed with gay dad characters (and who can blame them?) But the latest show to get hip to a story line featuring gay man raising kids is Netflix's GLOW, which explores a female wresting troop in the late 1980s.

But GLOW is helping represent a gay character that rarely gets time in the limelight:the single gay dad. In Season three of the hit comedy — which stars Alison Brie, Betty Gilpin, and Marc Maron — actor Kevin Cahoon joins the case as Bobby Barnes, a single gay father who plays a female impersonator. (80s divas only, of course — Joan Collins and Babs among them)


"I've never done female impersonation," the openly gay actor told OutSmart Magazine, "so I tried to learn really quick. You will know them all; I was very familiar with all of them. There were plenty of talk shows and performances on YouTube to study. I learned that their breathing was very informative."

A single gay dad AND drag queen on television? It's about damn time if you ask us.

Read the full interview with Cahoon here.

Gay Dad Family Stories

This Couple is Using 'Wheel of Fortune' Winnings to Help Fund Their Adoption

Need to raise money for your adoption fund? Why not try your luck on Wheel of Fortune like these guys!

Doug and Nick Roberts connected three and a half years ago via a dating app, and on their first date, the two immediately felt a connection. Doug, a psychologist, and Nick, a neuroscientist, were married 18 months later. Today the couple live in the suburbs of Philadelphia, and they're ready to start their next exciting adventure together: fatherhood.

The husbands would like to have children, and Nick has always wanted to adopt. "We considered surrogacy, and may consider it in the future as we expand our family," said Doug, "but right now, it is cost-prohibitive. Adoption was easily the right choice for us as we begin to grow our family.

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Change the World

4 Tips for Using Instagram to Connect with Gay Dads Offline

We asked gay dads who have successfully met up with other LGBTQ families offline for some of their tips

Last week, we ran a story about several gay dads who did the unthinkable: meet other gay dads IRL after connecting on Instagram! We get MANY questions from gay dads wondering how they can meet up with others in their area, so we decided to dig a bit deeper this week to get their advice. What can gay dads do to meet others off the 'gram?

1. Be kind — share others' excitement in parenting!


From @twinlifedads Ben and Andy:

"Be kind. That is absolutely it. Be kind to each other and don't be afraid to reach out. Respond to each other when you can. Share in excitement for each other. There is no reason to bring someone else down who might be excited about how they are parenting."

2. Drop a couple comments and likes before reaching out!

From @brisvegasdad Tim and Nic:

"I think drop comments now and then on their posts and instastories and see where things land. Chances are, if you're commenting on a post and it is a heartfelt response, they'll click through to your account, look at your photos and connect with you. And that's when the magic happens - you can introduce yourself, talk about your lives and how things are being a parent... and after a while, if you're in the same neighbourhood, you meet up and grow your friendship organically. That being said, I'm obsessed with Bobby Berk from Queer Eye and his husband Dewey Do - if they ever had kids, I'd probably be completely unsubtle and leave strange awkward comments on their instaposts saying, 'GAY DADS MEET UPSSSSS'."

3. Go in with no expectations

From @stevecsmith Steve and Ben:

"I always try to reach out without any expectations – mostly just to provide a positive comment. I like to leave it up to the other parents to comment or message back before suggesting meeting up or a playdate. Every family is different, so how each person is going to respond is different too."

4. Keep trying!

From @theconways13 Ricky and Jeff:

"Reach out to other families, start a light friendly conversation. Get to know each other and let conversations happen organically. If they lead to a play date great! Our first experience in meeting another lgbt family (not through ig/gwk) was very awkward cause there wasn't a whole lot of conversation happening before hand. The conversations leading up to the play date will help make the first play date with the family go a lot smoother and fun. Don't be afraid of not connecting with the other families. If it isn't successful the first time, continue reaching out to to other families- don't let it deter you from reaching out to others."

Fatherhood, the gay way

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