Lesbian couple ordered to hand toddler back to biological mother Read more: http://www.smh.com.au/national/lesbian-couple-ordered-to-hand-toddler-back-to-biological-mother-20151229-glwd7l.html#ixzz3voGwBzxy Follow us: @smh on Twitter | sydneymorningherald on Facebook


Louise Hall | The Sydney Morning Herald | December 30, 2015

A baby girl relinquished by her mother at birth into the care of a lesbian couple will be “transitioned” back to her biological family after the mother later “changed her mind”.

The unusual case highlights the complexities surrounding “quasi-adoption” and the power of courts to overrule agreements made between friends when one party is struggling with infertility.

The girl, who is now almost three, will be gradually returned to the care of her biological mother and father, with a court finding it in her long-term interest to live with her parents and half-siblings.

During her pregnancy, the girl’s mother, known for legal reasons as Ms Grady, agreed to give her newborn to the same-sex couple, known as Ms Blaze and Ms Darnley.

Read more

My Day in Court


| Huffington Post | December 22, 2015

“All rise,” said the bailiff.

As the well-respected, well-spoken judge came in, the court room became silent.
You could hear a pin drop in the enormous and intimidating room. Court security officers lined the walls. Adrenalin pumped through my veins and I felt more scared than the first time I found out I would be going to court with my parents to try to get the right for my mom, Susan, to legally be my mother.

Several weeks earlier, my parents called me out of my room. “Hey, Hud, come here we have to ask you something!” said my mom Kathy, my other mother.

Paranoid, I went through my mind trying to figure out what they knew that could get me grounded. But I wasn’t going to get grounded. Susan chimed in asking me, “Would you like me to legally adopt you?”

Read more

Family Stability Hinges on Outcome in Court’s Handling of Gay Adoption Read more: http://www.nationallawjournal.com/id=1202745253378/Family-Stability-Hinges-on-Outcome-in-Courts-Handling-of-Gay-Adoption#ixzz3v3gmiRzQ


Adam Unikowsky and Cathy Sakimura | The National Law Journal | December 21, 2015

Adoptions matter. Adoption is the primary legal mechanism that allows a nonbiological parent to exercise all of the rights of parenthood. Adoptions protect both adoptive parents and adoptees in many ways: They confer the legal right on adoptive parents to enroll their children in school, make medical decisions, initiate legal action, and make innumerable other decisions to support their children’s welfare. Adoptions also protect the rights of adopted children in the event of the adoptive parent’s death, by ensuring that the child will inherit, and receive Social Security or workers’ compensation or survivor benefits.

Without an adoption, a nonbiological parent is often a legal stranger to a child. With an adoption, the nonbiological parent is treated exactly like a biological parent under the law.

Adoptions have long had particular importance in uniting same-sex couples to their children. Long before the U.S. Supreme Court’s ruling earlier this year in Obergefell v. Hodges, same-sex couples obtained adoption judgments to ensure that both parents would have legally recognized parental rights. In many cases, one member of the couple would become a parent (either biologically or through adoption), and then the other member of the couple would adopt the child as well, while ensuring that the original parent retained his or her parental rights. Many thousands of adoptions of this nature have been granted nationwide, and they have been a critical tool in uniting both members of the couple to their children.

Read more

Alabama Lesbian Mom’s Case Closer To Supreme Court Review


ARTHUR S. LEONARD | Gay City News | December 18, 2015

A lesbian mother’s quest for joint custody of the children she had adopted in Georgia and raised together with her former same-sex partner, the children’s biological mother, took a step closer to the Supreme Court on December 14, when the high court granted her a stay of an adverse ruling from the Alabama Supreme Court.

V.L. is asking the Supreme Court to overturn a September 18 ruling by the Alabama Supreme Court, which refused to recognize the validity of the adoptions, having filed her petition with the court on November 16.

The Supreme Court justices did not explain their grant of the stay, which is not unusual. However, as Chief Justice John Roberts explained in 2012, in an “in chambers” ruling on such a petition, a stay of a lower court decision while the Supreme Court is deciding whether to grant review is warranted when there is “(1) a reasonable probability that this Court will grant certiorari, (2) a fair prospect that the Court will then reverse the decision below, and (3) a likelihood that irreparable harm will result from the denial of a stay.”

The high court did state that if it denies review in this case, the stay will terminate automatically, while if it grants review, the stay will be in effect as long as the case is pending before it.

Read more

Arkansas Supreme Court Halts Birth Certificates For Same-Sex Partners


STEVE BARNES | Huffington Post | December 11, 2015

The Arkansas Supreme Court on Thursday temporarily blocked a lower court order that allowed same-sex parents throughout the state to be listed as parents on the birth certificates of their children.

It let stand the certificates obtained by three lesbian couples who had challenged the Arkansas Health Department Vital Statistics Bureau’s refusal to identify the three couples as the adoptive or biological parents of their respective children.

They won approval for their listing as parents in a narrow decision by Little Rock Circuit Judge Tim Fox. The same judge then issued another decision extending that recognition statewide.

Read more

Gay adoption legalized in Victoria state


Darren Wee | Gay Star News | December 9, 2015

Gay adoption has been legalized in the Australian state of Victoria after 15 years of legislative wrangling.

The Adoption Amendment (Adoption by Same-Sex Couples) Bill passed the lower house of the Legislative Assembly unopposed on Wednesday (9 December) afternoon.

In the past, gay couples could only be foster parents or guardians, but could not adopt even if their children had been in their care for years.

Read more

Despite Same-Sex Marriage Ruling, Gay Adoption Rights Uncertain In Some States


Rebecca Beitsch | Pew’s Stateline | Huffington Post | August 19, 2015

This piece comes to us courtesy of Stateline. Stateline is a nonpartisan, nonprofit news service of the Pew Charitable Trusts that provides daily reporting and analysis on trends in state policy.

As soon as Daniel Nurse met baby Cameron in 2011, he knew he wanted to adopt him.

“It was just like instant love. He was so sweet and loving, and seeing him smile—it was just an instant connection,” Nurse, of Tallahassee, Florida, said of the baby, then 11 months old.

But going about adopting Cameron proved challenging for Nurse and his husband, Casanova. Florida’s 1977 ban on gay adoption had only recently been overturnedwhen the Nurses began looking to take in foster children in 2011 with the hope of ultimately adopting them.

While same-sex couples have long been able to adopt from private, gay-friendly adoption agencies, adopting children from the foster care system has proved more difficult in some states.

Read more

Utah won’t appeal ruling in same-sex parents case


Associated Press | KSL Utah | July 21, 2015

SALT LAKE CITY (AP) — Utah will not appeal a judge’s orderrequiring the state list the names of a lesbian couple on a birth certificate as the mothers of their new baby.

Utah Attorney General’s Office spokeswoman Missy Larsen said Monday that the state wouldn’t contest the ruling in the wake of the U.S. Supreme Court ruling legalizing same-sex marriage.

U.S. District Judge Dee Benson said last week the case wasn’t hard to decide. Lawyers with the American Civil Liberties Union said the decision was the first of its kind since gay marriage was legalized.

Read more

 

Florida House Bill Would Remove Gay-Adoption Ban From Law


Stock photo

TALLAHASSEE, Fla. (AP) — The Republican dominated Florida House voted to remove language from law that bans gay adoption.

The vote Tuesday would bring adoption laws in line with current practice that allows gay people to adopt children.

A ban had been in place until 2010, when an appeals court ruled it was unconstitutional. Then Gov. Charlie Crist chose not to appeal the decision.

Read more

 

700,000 Americans Are Married to a Same-sex Spouse, Married Same-sex Couples More Likely to Raise Adopted, Foster Children and Are More Economically Secure, New Reports Show


Release
For Immediate Distribution
March 5, 2015

Contact:
Lauren Jow, jow@law.ucla.edu, 310-206-0314310-206-0314

LOS ANGELES — According to Williams Institute Research Director Gary Gates’ assessment of a new preliminary estimate from Gallup, the number of legally married same-sex couples in the United States has more than doubled over the last year. The new figures suggest that, as of February 2015, more than 700,000 Americans are part of a married same-sex couple, implying that there are now about 350,000 married same-sex couples in the country. Estimates from the 2013 National Health Interview Survey had the figure at 130,000.

“These new figures showing a surge in same-sex couples marrying across the country highlight the historic nature of the past year for LGBT individuals and their families,” said Gary J. Gates, Blachford-Cooper Distinguished Scholar and Research Director at the Williams Institute at UCLA School of Law.

Two new research reports released today and authored by Gates show that same-sex couples, particularly married ones, are more likely to be raising adopted or foster children than their different-sex counterparts. The reports also found that same-sex couples with children have a lower median annual income than different-sex couples with kids but, like different-sex couples, married same-sex couples are more economically secure.

“The debates about marriage and same-sex couples have focused substantial attention on the idea that marriage is a great environment for raising children,” Gates said. “Same-sex couples seem to agree. Married same-sex couples are much more likely than their unmarried counterparts to have kids, particularly adopted and foster children.”

Findings from the two Williams Institute reports will be included in a friend-of-the-court brief that will be submitted on Friday to the Supreme Court of the United States as part of the same-sex marriage cases in Kentucky, Michigan, Ohio and Tennessee. The reports analyze the 2013 American Community Survey, which for the first time explicitly identified both married and unmarried same-sex couples.

Key findings of the reports include:

• Nearly one in five same-sex couples (18%) are raising children. An estimated 122,000 same-sex couples are raising 210,000 children under age 18, of whom 58,000 are adopted or foster children. Among married same-sex couples, more than one in four (27%) are raising children.
• Married same-sex couples have a median household income that is approximately 27% higher than the median income of unmarried same-sex couples. Poverty is substantially less common among married same-sex couples (4%) than among unmarried same-sex couples (18%).
• Nearly 1 in 5 children being raised by same-sex couples is living in poverty. But among married same-sex couples, that figure is less than 1 in 10.
• In Kentucky, Michigan, Ohio and Tennessee, 19% (nearly 11,000) of the 56,000 same-sex couples are raising children under 18 years old. Perhaps due to more restrictive policies regarding adoption and fostering among same-sex couples, same-sex couples with children in those states are less likely to have adopted or foster children (14%).

The first study, titled “Demographics of Married and Unmarried Same-sex Couples: Analyses of the 2013 American Community Survey,” analyzes nationwide data. The second study, “Demographics of Same-sex Couples in Kentucky, Michigan, Ohio, and Tennessee: Analyses of 2013 American Community Survey,” focuses on the four states whose same-sex marriage cases will be considered by the Supreme Court in June.

The following Williams Institute Scholars are available for comment:

Gary Gates is Blachford-Cooper Distinguished Scholar and Research Director at the Williams Institute. He provided “highly credible” testimony as an expert witness in the Michigan case, Deboer v. Snyder, in the 6th Circuit, and demographic analysis of Virginia from a friend-of-the-court brief he filed in the U.S. Court of Appeals for the 4th Circuit was cited in the majority opinion. He is the co-author of “The Gay and Lesbian Atlas” and a recognized expert on the demographic, geographic, and economic characteristics of the LGBT population. His work on that subject has been featured in many national and international media outlets. He holds a PhD in Public Policy from the Heinz School of Public Policy and Management at Carnegie Mellon University along with a Master of Divinity degree from St. Vincent College and a BS in Computer Science from the University of Pittsburgh at Johnstown.

Adam Romero is Senior Counsel and Arnold D. Kassoy Scholar of Law at the Williams Institute. He leads the federal legal work of the Williams Institute, including the filing of amicus briefs in court cases concerning LGBT rights. Previously, Romero was a senior associate at the law firm WilmerHale, where he was a member of the Intellectual Property Litigation and Appellate and Supreme Court Litigation Groups. He successfully represented the plaintiffs in Cooper-Harris v. USA, the first case in the nation to declare unconstitutional laws barring the federal government from recognizing same-sex marriages in the veterans-benefits context. Romero completed clerkships for the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and for the Honorable Shira A. Scheindlin of the United States District Court for the Southern District of New York. He received his law degree in 2007 from Yale Law School. Romero has published in numerous volumes and journals and is the co-editor (with Martha Albertson Fineman and Jack E. Jackson) of Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations (2009).

Click here for the full national report.

Click here for the full report on Kentucky, Michigan, Ohio, and Tennessee.