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.

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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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Change the World

One Gay Dad's Fight Against Hate in Superior, Nebraska

Brian Splater is refusing to let homophobic and transphobic elected officials in his town go unchecked

Millie B. Photography

Guest post written by Brian Splater

No one ever should feel they will have a very lonely and secluded life as a child. But that is something me and many other gay kids believe as they are growing up.

The truth of the matter is there are people who will try everything in their power to have our rights go back in time instead of forward. It is very disheartening when these people are elected officials, or they are people who use their place of employment to spread their disgust and hate.

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Personal Essays by Gay Dads

A Gay Dad's Adoption Journey Amid a Global Crisis

Erik Alexander writes about a personal moment of happiness — the birth of his son — amid a world gripped by the COVID-19 crisis.

COVID-19 has shaken the whole world to its core. From one part of the globe to the other, it has all but stopped life as we know it. This scenario seems all too reminiscent of something that the American South will never forget. Living in New Orleans, Louisiana we are accustomed to dealing with evacuations and disasters because of hurricane season each year. From June to November, we are on alert. As you can imagine, Hurricane Katrina's lasting effects really taught us how to deal with disaster prep along with recovering from the aftermath.

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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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Fatherhood, the gay way

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