California Court Affirms Gay Parenting ; Ruling Sets Responsibilities, Rights of Homosexual Parents but Spurs Backlash by Same-Sex Marriage Opponents

By Amanda Paulson and Daniel B. Wood writers of The Christian Science Monitor | The Christian Science Monitor, August 25, 2005 | Go to article overview

California Court Affirms Gay Parenting ; Ruling Sets Responsibilities, Rights of Homosexual Parents but Spurs Backlash by Same-Sex Marriage Opponents


Amanda Paulson and Daniel B. Wood writers of The Christian Science Monitor, The Christian Science Monitor


Defining parenthood is far less simple than it used to be.

That fact was made abundantly clear by the California Supreme Court's ruling this week in three cases involving reproductive technology and lesbian relationships.

In California, the landmark decisions - which granted full parenthood to former partners despite the absence of legal adoption or, in two of the cases, a biological connection - have made the terrain a little clearer and solidified the direction in which many courts are moving: conferring the rights and responsibilities of parenthood based on intent and psychology rather than biology, adoption, or marriage.

But as the decisions have been lauded and decried across the country, they've also underlined the vastly different patchwork of how states handle the often-murky relationships at the nexus of reproductive technology and shifting family structures.

"I regard these three decisions as unprecedented because they go so far toward protecting children without regard to marital status or biology or gender of the parent, but at the same time they're not unique," says Joan Hollinger, an adoption and parentage law expert at the University of California in Berkeley. "They're part of the quest on the part of so many states to figure out how to define parentage when sex is separated from reproduction."

At least nine states officially allow second-parent adoption - often sought by gay couples - and several confer visitation rights or have ordered child support from nonbiological or nonadoptive parents.

But the California cases are the first in which such individuals have been declared full legal parents, with the rights of, say, inheritance or social-security benefits.

The rulings also affect heterosexual couples who use reproductive technology but this week, much of the reaction has focused on the court's statement that "We perceive no reason why both parents of a child cannot be women."

"Same-sex couples are now able to procreate and have children, and the law has to catch up with that reality," says Shannon Minter, legal director of the National Center for Lesbian Rights. Like many gay-rights advocates, he applauded the decision for recognizing parental bonds outside of gender or marital status.

The three decisions, while all involving reproductive technology, addressed very different situations. In one, a woman was ordered to pay child support for the biological children of her former lesbian partner, who has relied on welfare since the two split up.

In the second, a woman who years earlier had gotten a court order - and birth certificate - declaring both herself and her partner to be parents, was told she could not terminate her former partner's rights.

Perhaps the most unusual case involved a couple in which one woman donated an egg to her partner, who bore the twin children. At the time of donation the woman, whose initials are K. M., signed a form giving up parental rights, although both women cared for the twins for six years.

Two dissenting judges in that opinion noted that ignoring the release form might hold implications for other sperm and egg donors who sign waivers believing they've relinquished their obligations. …

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