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A2 UP FRONT
Saturday 24 November 2018

For same-sex couples, a new path to legal parenthood

By ALANNA DURKIN RICH- the bill to overhaul the
ER, Associated Press state’s parenting laws.
BOSTON (AP) — When Sara Now advocates hope that
Watson’s partner got preg- will be a thing of the past for
nant with their son through many same-sex couples,
in vitro fertilization, they thanks to the hospital form
were overjoyed. Then the that has long been used
fear came. by unmarried heterosexual
They weren’t married, so couples to establish who
Watson had no legal rights the legal father is. When
as Eli’s parent even though an unmarried women gives
her eggs were used to birth, the man signs a “vol-
conceive him with donor untary acknowledgement
sperm. If the worst hap- of paternity” form at the
pened, Watson wondered, hospital and files it with the
would she even be able to state to get on the child’s
bring their baby home from birth certificate and obtain
the hospital? the equivalent of a court
“There was this possibility order declaring him the
that if something were to dad.
happen to Anna, my son Now that the form will be
could end up in foster care gender-neutral in several
and I hadn’t done any- states, same-sex partners
thing wrong,” Watson said can also establish their pa-
from their home in Narra- rental rights in certain cas-
gansett, Rhode Island. es, like if were the intend-
Three years after the land- ed parent of a child born
mark U.S. Supreme Court through assisted reproduc-
case that gave same-sex In this Friday, Nov. 16, 2018, photo, Anna Ford, left, and her partner, Sara Watson, pose with their tive technology, such as
couples the right to marry son Eli, in the village of Saunderstown, in Narragansett, R.I. IVF. In Massachusetts, only
nationwide , a patchwork Associated Press. unmarried couples can
of outdated state laws But things are beginning to “father” are now gender- LGBTQ couples who have use the form, while married
governing who can be a change. A simple hospital neutral in some states. That children. couples can in other states.
legal parent presents ob- form that has long been means same-sex partners To guarantee their parental “Everybody who gives birth
stacles for many LGBTQ off limits to same-sex cou- in Massachusetts, Vermont rights are protected across can sign it for free. It should
couples who start a family, ples because it only had and Nevada — and soon in the country, many advo- have the force of a court
lawyers say. room for the “mother” and California and Washington cates encourage same-sex order in every state. That is
state — can quickly and partners to go through with going to have a huge im-
easily secure their parental second-parent adoptions, pact on the recognition of
rights with the form rather even if they’re married and parents in the future,” Sa-
than having to spend thou- both their names are on the kimura said.
sands of dollars in court to birth certificate. Without an In Rhode Island, which
get an adoption. adoption, the partner who hasn’t updated its laws,
“Kids need to be secured didn’t give birth to the child Watson and her partner,
to their parents and we’re can find themselves in a Anna Borman, were told
not getting the job done lengthy and costly custody they couldn’t sign the form
right now,” said Patience dispute if the couple breaks when Borman gave birth
Crozier, an attorney with up or something happens in 2016 because Watson
GLBTQ Legal Advocates & to the biological mother, wasn’t a man.
Defenders. “Some states lawyers say. So until Watson’s adoption
are and that’s incredibly Adoptions, however, can of Eli was finalized eight
powerful and we need to cost thousands of dollars months later, she had no
keep moving in that direc- and take months. And legal link to him, creating
tion,” Crozier said. many couples choose not logistical complications
Since the 2015 gay mar- to because they view it as and fear, they said. Watson
riage ruling, same-sex cou- invasive and offensive that couldn’t add him to her life
ples have won some big they would have to adopt insurance policy and need-
legal victories in the arena their own child, said Cathy ed written permission from
of parental rights, like when Sakimura, deputy director Borman just to pick him up
the high court ordered Ar- and family law director for from day care, she said.
kansas to list both same-sex the National Center for Les- “It can’t be emphasized
spouses on their children’s bian Rights. how degrading this process
birth certificates last year. “For a lot of couples that has been,” Borman said.
But differing state laws still are less well-off, they just “In Psych 101, they teach
means same-sex partners don’t bother to do it and you how important it is for
who didn’t give birth can if there is a break up or a your kid to feel safe and
be a legal parent at home dispute or whatever, the secure and we were walk-
but a legal stranger to their non-biological partner can ing around feeling the op-
child if they move or go wind up completely out posite of that and yet try-
on a trip, lawyers say. And of luck,” said Washington ing to emanate this sense
the situation is even more state Sen. Jamie Pedersen, of security for our son,” she
complicated for unmarried a Democrat who pushed said.Q