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.

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.

Personal Essays by Gay Dads

A Brief History of Gay Times

Ferd van Gameren, a co-founder of Gays With Kids, gives a personal history of gay pride celebrations over the years

In 1994, my then-boyfriend Brian and I drove to New York City for Gay Pride.

We had met the year before at Mike's Gym, an almost exclusively gay gym in Boston's South End. A friend of Brian's somehow knew I was from Holland; that's how I believe my nickname Tulip came about.

(Come to think of it: Brian used to say that he'd prefer tulips on his organ to a rose on his piano.)

A quick glance at me in the locker room taught him what religion I wasn't.

And a friend of mine had already divulged to me what Brian had told him in confidence: He was HIV-positive.

Anyway, we met. We really liked each other. Then, on the third date, Brian revealed to me in a shaky voice what I already knew. We had our first, very careful sex that night.

We fell in love. We had dates in the South End, then a largely gay neighborhood. We made friends that were mostly gay. (But not exclusively; we befriended some lesbians too.) We went to see "Billy's Hollywood Screen Kiss" and other little indie films that were, yes, gay, gay, gay.

With an AIDS diagnosis looming, we had no time to lose. Some of our new friends were getting sicker. Some died. Barely six months after the first kiss, we moved in together.

At that New York Pride, gay life was celebrated in the face of death. We saw men marching with dark Kaposi sarcoma lesions on their bared chests. We saw young men leaning on canes, too sick to walk, watching the parade from the sidelines. Men blind with cytomegalovirus loudly singing along to "Pride ­­– A Deeper Love" coming from the floats. We chanted and cried and watched a giant rainbow flag being carried along Fifth Avenue. And in our cut-off jeans and Timberland boots, we danced to Aretha and Whitney.

And then, thanks to enormous medical advances, the unthinkable happened for us: Brian stayed alive and healthy. As our horizon of life opened up, we learned to look ahead farther. We made plans for a future together that wasn't just measured in weeks or months.

We loved New York, and so we found jobs there and moved to Manhattan. Forced by my immigration issues we decamped temporarily to cold but wonderful Toronto, repatriated to New York five years later, and in 2017 returned to the Boston area.

We went from boyfriends to partners (for many years our term of choice), briefly to ex-partners, to partners again, and finally, in 2013, to husbands.

We got our first dog in 2005, a saucy Chihuahua named Duke, and showered him with love and attention. It awakened something in us that had long been dormant. But could we, at our age? Would Brian stay healthy?

Our answers were yes and yes. In 2009 we adopted a baby boy. Seventeen months later our two daughters were born.

In 2014 Brian began this website, Gays With Kids. So we're still gay, and our kids clearly have gay dads. They dance a mean Time Warp; instead of straight ahead they say gaily forward. They realize everyone is different, and they seem to like it that way.

But we live now in a predominantly straight suburb with an excellent school system. We socialize primarily with straight-but-not-narrow friends. Brian and I tell each other all the time we should really go back to the gym. We watch our little, almost exclusively gay indie films in bed on Netflix and Amazon Prime, after the kids have finally fallen asleep.

We're going to take our kids to New York Pride later this month. I envision something like this: Proudly holding their hands, we'll watch the floats in age-appropriate shorts and sensible footwear. We'll cheer on courageous Mormon or evangelical LGBT contingencies while the kids are busy licking lollipops. They will learn about Stonewall, AIDS and the road to marriage equality. Following the kids' lead, Brian and I will make some moves to "Old Town Road." With them, we'll belt out "Baby, why don't you just meet me in the middle?" And we will dance in the street to Madonna, Cher, Whitney and Gaga, the soundtrack of our lives for so many years.

Over the course of that weekend, in age-appropriate terms, we will tell our kids more about the lives of their daddy and papa.

Change the World

New York: It's Time to Legalize Ethical Surrogacy

New York, one of only three states to prohibit compensated surrogacy, is faltering on a bill to legalize the practice in the state

With the Democratic takeover of the State Senate in the 2018 elections, legislators in New York have been busy passing any number of long-held progressive priorities, from a sweeping package of bills strengthening rent regulations to others aimed at expanding and protecting voting access in the state. But as the legislative season comes to a close, another initiative, which looked all but assured to pass just a couple months ago, now stands in limbo: the legalization of gestational surrogacy via the Child-Parent Security Act.

New York is just one of three states that doesn't already permit surrogacy in some form, but we are closer than ever before to finally legalizing this important family-building option for LGBTQ people and those who struggle with infertility. The Child-Parent Security Act has passed the State Senate, and Governor Cuomo has promised to sign it. But the legislation is now stalled in the State Assembly, where a number of legislator and advocates have unfortunately spoken out against it. Assemblywoman Deborah Glick has called the practice "pregnancy for a fee" and the "commodification of women." Gloria Steinem likened the practice to allowing "profiteering from body invasion."

But State Senator Brad Hoylman, the bill's sponsor and himself a gay father of two via surrogacy, is nonetheless pressing ahead. "My two beautiful daughters were born through gestational surrogacy," he wrote via Twitter. "They are everything to me. Every family in NY, whether LGBTQ or struggling with infertility, should have the same opportunity."

We at Gays With Kids couldn't agree more, which is why we've brought you countless stories of gay dads, like Senator Hoylman, who have realized their dream of fatherhood through the incredible medical advancements of the last several decades that make surrogacy possible.

But even more importantly: we've brought you the stories of surrogates themselves — a perspective so often left out of the morality debate surrounding surrogacy — who help illuminate the incredible and diverse set of reasons women decide to become surrogates. The joy many of these women take in helping others realize their dream of parenthood via surrogacy is truly palpable, and couldn't sound more different from the alarmist and coercive reality painted by surrogacy's critics.

Here are just a few of their voices:

  • Shelly Marsh, told us of the urge she felt after becoming a mother herself to help others who can't start families as easily. She subsequently worked with two separate gay couples to do exactly that. "My girls are my life," she told us of her decision to become a surrogate. "If I have the ability to share that love with someone else, that is what I wanted to do."
  • Heather Manojlovic told us about some of the reasons she enjoyed working to make fatherhood a reality for gay intended parents. "The fact that I was able to help someone that may have had to overcome a lot of adversity during his lifetime to fulfill a dream meant so much to me," she wrote.

  • Another surrogate we profiled told us about the experience of working with an HIV positive man, a population of people who once thought biological fatherhood would never be in their future, become a dad through the Special Program for Assisted Reproduction (SPAR) program. "I knew they didn't have the same number of gestational carrier match options that gay men who weren't part of the SPAR program had," she wrote. "It felt even more gratifying for me to be able to be the person who helped make their dreams come true."

To be clear: surrogacy does indeed raise any number of moral and ethical issues that should absolutely be discussed before legalizing it. Abroad, surrogacy is often left unregulated, which creates a system that does in fact take advantage of women and their families who serve as surrogates. And let's face it: surrogacy is expensive, meaning this form of family creation is far too often available to just a privileged few.

But rather than ban the practice completely, why not work to improve these shortcomings?

Many efforts are underway to help tackle surrogacy's hefty price tag. The non-profit organization Men Having Babies has been fighting for years to offset the considerable costs associated with surrogacy for gay men. New York Senator Kirsten Gillibrand, who is currently vying for the 2020 Democratic nomination for President, has suggested insurance companies be required to cover some parts of the process, such as IVF treatments, for LGBTQ couples and others who can't get pregnant independently. And an increasing number of corporations, like Target, are offering benefits to their employees to cover some aspects of surrogacy's costs.

Senator Hoylman has also taken steps to shore up protections for surrogates by including a "Surrogates' Bill of Rights," the first of its kind in the country, as part of the legislation. Under the bill, surrogates will have guaranteed access to legal advice and extended medical benefits. By passing this legislation, New York will finally catch up to the 47 other states that already permit gestational surrogacy in some form, allowing LGBTQ people and others impacted by infertility to realize their dream of parenthood in the state they call home. But we will also have the opportunity to do something arguably more important — set the national standard for the ethical practice of surrogacy.

If you live in New York State, please take a second to send a message to your representative asking them to support the bill.

Change the World

Surrogate Pens Powerful Op-Ed, Urging New York Legislators to Legalize the Practice

Victoria Ashton says she was "fully in control of her body" while serving as a surrogate for two New York families.

In an essay for Gay City News, Victoria Ashton, who has serves as a gestational surrogate for two New York-based families, powerfully defended her decision to help others form their family, and urged legislator to enact the Child-Parent Security Act (CPSA) to legalize the practice in New York State.

She says, for her, the decision to become a surrogate was "easy." After she had her own two children, and her family felt complete, Victoria says she "still felt this nagging desire to bring more children into this world. I loved being pregnant and both of my pregnancies were easy and textbook. But since I thought the only way to be pregnant again was to have another child of my own, I tried to push it aside and move on, because at the time two children was the perfect fit for us."

So she began to educate herself and research the process for becoming a gestational surrogate. "I understood the commitment, I understood the process, I understood the risk — but my overwhelming desire to help someone in need by giving them life is a reward that tops it all. Somewhere out in the world another family or couple deserves to be just as happy as I am. A man or woman deserves to be called Mommy and Daddy, if they wish. They deserve to experience firsts. They deserve unconditional love."

Victoria also sought to clear up misconceptions that some may have about the role and rights of a surrogate throughout the process, saying she had "full control over" her body throughout the process. "I made decisions about my own body and my own health," she wrote. "I felt protected and secure. It was a partnership from day one." But, she noted further, she was lucky to live in a state where surrogate enjoy full protection under the law. "Had those not existed," she wrote, "it would have complicated my own decision."

Currently, those protections don't exist in New York, she pointed out. But the soon could, if the New York State Child-Parent Security Act (CPSA) is passed. The bill, Victoria writes, "goes above and beyond in providing the necessary protections that create successful surrogacy partnerships."

Read Victoria's full essay here.

Change the World

Governor Cuomo Proposes Ending Ban on Surrogacy in New York

New York is currently just one out of four states to completely ban the practice of compensated surrogacy

New York's Governor, Andrew Cuomo, recently proposed a law that would permit compensated surrogacy for the first time in New York state. As the New York Post reports, a ban on the practice has been in place since 1992.

"New York's antiquated laws frankly are discriminatory against all couples struggling with fertility, same sex or otherwise," the Governor told The Post in a statement. "This measure rights this wrong and creates a new and long-overdue path for them to start families and also provide important legal protections for the parents-to-be and the women who decide to become surrogates."

This move is the latest in a slew of progressive policies backed by Governor Cuomo since Democrats in the state took control of the Legislature after the 2018 elections.

The law would bring New York in line with most states in the country. Currently, the state is one of only four (including Arizona, Michigan and Nebraska) that ban all compensated surrogacy contracts outright.Andrew Cuomo

New York State Senator Brad Hoylman, who is himself a gay dad through surrogacy, has introduced several bills over the years to legalize the practice.

"For the first time," the Senator said, "I'm seeing movement."

Read the whole article here.

Fatherhood, the gay way

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