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Virginia Poised to Make Surrogacy Easier for Gay Intended Parents

The bill, which is awaiting the Governor's signature, will make Virginia's surrogacy statute gender neutral, but improvements are still needed.

A bill that would make Virginia's surrogacy statute gender neutral has passed through both chambers of the state's legislature, and is now awaiting Governor Northam's signature. The state's surrogacy law, as currently states, extends only to married heterosexual parents. The proposed change in HB 1979 will erase the words "father" and "mother" from the law.

Currently, Virginia has some of the most arcane restrictions on surrogacy in the country. The changes to modernize the state's surrogacy laws have long been championed by Del. Richard Sullivan, who was inspired to introduce legislation after learning of the legal troubles facing a gay couple, Jay Timmons and Rick Olson, in his district who formed their family in part through surrogacy. After learning that they would be unable to establish their parenting rights as a same-sex couple in Virginia, the couple worked with a surrogate in Wisconsin, where the experiences of gay men was more positive. However, a local judge ruled the couple as "human traffickers" and stripped them of their parental rights.

"To have an activist judge come in and completely ignore the Supreme Court of Wisconsin and judicial precedent was a vivid example of being treated differently," Timmons said in an article in Washington Blade. "No family should have to go through that type of mistreatment by the judicial system or frankly by anyone."

Inspired by their story, Del Sullivan introduced legislation to make it easier for gay couples to gain legal status as parents following a surrogacy journey. Though a vast improvement, however, it does not fix all the problems intended parents in Virginia may face. Couples forming their families via surrogacy are still unable to gain a "pre-birth parentage order," for instance, which allows intended parents to establish legal parenting rights before their surrogate gives birth. As it stands, surrogates have to sign away their rights after the birth of the child. Though unlikely, this could allow surrogate to complicate the process post birth.


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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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Dad Tyler Fontes (read his story here) recently shared his experience as a dad through surrogacy with our Instagram community via a question and answer session.

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"We're Dads, the Greatest Thing We've Ever Been": Congrats to Gay Men Whose Families Recently Grew!

Wishing all of these gay dads whose families expanded a lifetime of happiness! Congrats to everyone in our community on their recent births and adoptions!

Gay men go through a lot of ups and downs on the path to parenthood. It can be one of the most emotionally draining times in our lives. But as each of these families who are celebrating births and adoptions this month agree: it's worth every hardship.

Congrats to the dads whose families grew this month!

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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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