Same-sex couples win adoption rights for partners' children in Portugal

in: http://www.gaystarnews.com/article/same-sex-couples-win-adoption-rights-partners-children-portugal170513

 

Portugal’s Parliament has voted in favour of limited gay and lesbian adoption.

The new law will allow those in same-sex couples to adopt their partner’s biological or adopted child.

Ruling Social Democratic Party (SDP) supported the bill along with the Socialist Party (SP). It won with 99 votes in favour to 94 against with nine absentees.

Although same-sex marriage has been legal in Portugal since 2010 the new law will not allow same-sex married couples to adopt a child together.

In the vote 104 were against fully equal same-sex adoption rights while 77 voted in favor with 21 absentees.

Portugal was one of the first 10 countries to legalize same-sex marriage and is one of a few to put rulings on sexuality into its constitution.

http://www.gaystarnews.com/article/same-sex-couples-win-adoption-rights-partners-children-portugal170513

Mormons, Evangelicals Ask Supreme Court to Ignore Science on Gay Parents

in: http://www.advocate.com/politics/prop-8/2013/02/06/mormons-evangelicals-ask-supreme-court-ignore-science-gay-parents

Amicus briefs filed by a coalition of religious groups contend that same-sex parents are unfit to raise children, citing outdated and scientifically inaccurate studies. 

 

In two "friend-of-the-court" briefs filed at the Supreme Court in late January, a group of religious organizations — including the Mormon Church, National Association of Evangelicals, and Southern Baptist Convention — asked the justices to ignore overwhelming scientific evidence that same-sex parents are equally as qualified to raise children as opposite-sex parents.

Zack Ford at ThinkProgress LGBT collected the key arguments from the briefs, where Mormon Church attorney Von Keetch alleges that same-sex couples make inferior parents. Ford also notes that the briefs cite the controversial parenting study from Mark Regnerus, who has admitted that his research methods were not scientifically sound, and which an internal auditor from the journal that published the study called "bullshit."

In the brief for U.S. v. Windsor, which challenges the constitutionality of the so-called Defense of Marriage Act, the evangelical groups argue:

"By their nature, such policy questions cannot be definitively answered by science, professional opinion, or legal reasoning alone. Although we are certainly persuaded by scholarly opinion supporting traditional marriage, the truth is that social science scholars, for instance, disagree about the effects of gay parenting on children. Whatever the ultimate conclusions may be, “nothing in the Constitution requires [government] to accept as truth the most advanced and sophisticated [scientific] opinion.”

In the brief filed in Hollingsworth v. Perry, the case challenging the constitutionality of California's voter-approved revocation of marriage equality, the religious groups admit, "There is an active debate within the social sciences over whether some of these common sense judgments are empirically sound. But 'nothing in the Constitution requires California to accept as truth the most advanced and sophisticated [scientific] opinion.” Lawmakers — including the people of California — are entitled to 'act on various unprovable assumptions,' including those that in 'the sum of [their] experience' lead them to conclude that traditional marriage and the family structure it supports deserve distinctive legal protection."

The Supreme Court is set to hear oral arguments on both cases in March.

http://www.advocate.com/politics/prop-8/2013/02/06/mormons-evangelicals-ask-supreme-court-ignore-science-gay-parents

Thousands protest in France against gay marriage bill

in: http://www.pakistantoday.com.pk/2012/11/19/news/foreign/thousands-protest-in-france-against-gay-marriage-bill/

Tens of thousands of people have protested in France against plans to legalise same-sex marriage and allow gay couples to adopt.

Police said at least 70,000 took to the streets in Paris; there were other demonstrations in the cities of Lyon, Toulouse and Marseille.

They included Catholic groups and other backers of traditional family rights.

President Francois Hollande has promised to change French law so that gay and lesbian couples can marry.
Despite opposition from more than 1,000 mayors and the Catholic Church, his socialist government approved a bill on the issue earlier this month which will be debated by parliament in January.

France already allows civil unions between same-sex couples, but extending their rights was a campaign pledge of Hollande before he was elected in May.

PINK: Protesters in Paris wore pink T-shirts and scarves and carried pink balloons emblazoned with images of a man and woman holding two children’s hands.

“A child needs a father and a mother, he needs the paternal and the maternal side and with this bill that might not be possible any more,” said one protestor, Marthe Vignault. “That’s the way it is and we can’t go against nature.”

Saturday also saw counter-rallies in support of same-sex marriage.

The issue is one of the most divisive Mr Hollande has faced, correspondents say. The head of the French Council of Catholic Bishops, Cardinal Andre Vingt-Trois, recently described gay marriage as “the ultimate deceit”.

At present only married couples - not civil union partners - can adopt in France.

A number of European nations, including Germany, Sweden and the UK, already allow gay adoption.

http://www.pakistantoday.com.pk/2012/11/19/news/foreign/thousands-protest-in-france-against-gay-marriage-bill/

Teen kids of lesbian parents shine at school, study claims

in: http://www.gaystarnews.com/article/teen-kids-lesbian-parents-shine-school-study-claims061112



US survey of teenagers with gay moms found that youngsters get the best grades at school and are happier

Teenage children of lesbian parents outshine many of their peers at school and are happier than other kids, a US study found.

The National Longitudinal Lesbian Family (NLLF) survey revealed that the 38 boys and 38 girls with gay moms achieved the top grades at school, with nearly all planning to go on to higher education.

The 17-year-olds viewed their parents as role models and were also found to be happier than most US youngsters, with strong family bonds and an open-minded outlook to life leading to well-adjusted behavior.

In the questionnaire which quizzed the kids on subjects ranging from their studies and hobbies to well-being and friendships, one boy said his parents teach him good work ethics in school and the 'real world'.

He said: 'They teach me to be accepting of all people on this earth, no matter what differences they may have.'

While another child's mothers taught 'everything from acceptance, to how to control anger, to love'.

Adolescents with Lesbian Mothers Describe Their Own Lives is part of a larger study by the Williams Insitute at the UCLA School of Law that has tracked gay families for 26 years.

Nanette Gartrell, MD, Principal Investiator of the study said in a statement: 'These kids were planned and their lesbian mothers were very engaged in parenting.

'At the end of high school, the teens tell us that they have excellent grades, feel connected to their families and friends, and admire their parents.

'As a psychiatrist, I can say that these are the types of childrearing outcomes that every parent hopes for.'

http://www.gaystarnews.com/article/teen-kids-lesbian-parents-shine-school-study-claims061112

Trans man denied recognition of fatherhood in Japan

in: http://www.gaystarnews.com/article/trans-man-denied-recognition-fatherhood-japan051112

Despite being official recognized as male, judge rules that trans man cannot be named on his child’s birth certificate



A judge in Japan denied a trans man the right to be registered as the father on his son’s birth certificate at Tokyo Family Court last Wednesday (31 October).

The man had his male gender officially recognized before marrying his wife in 2008 and the husband of a woman who has a child is presumed to be the father in Japan.

Judge Yoshiki Matsutani said his ruling against the father’s wishes was not a violation of the constitution which protects against discrimination, including sex, Japan Daily Press reports.

Matsutani said that the man cannot be the father because he is unable to produce sperm (the child was conceived via sperm donation) and that the father’s name on the child’s birth certificate should remain blank.

The father said he will continue to fight for recognition. ‘I feel I am being discriminated against,’ he said. ‘I will continue to fight so that I can live as a husband and father.’

http://www.gaystarnews.com/article/trans-man-denied-recognition-fatherhood-japan051112

What does an LGBT family look like?

in: http://video.msnbc.msn.com/msnbc/49570012#49570012


Jennifer Chrisler of the Family Equality Council joins MSNBC’s Thomas Roberts to discuss.

Visit NBCNews.com for breaking news, world news, and news about the economy

Teaser for new gay parenting film released

via: http://www.gaystarnews.com/article/teaser-new-gay-parenting-film-released181012


New film Invisible Parents hopes to raise support for the rights of same-sex parents

Invisible Parents

A behind the scenes trailer for a new documentary about same-sex parenting has been released on YouTube.

Invisible Parents is directed by Mike Buonaiuto, who also released a short feature film earlier in the year in support of same-sex marriage.

The teaser, available now online, features behind the scenes footage on the new film along with an interview with Buonaiuto.

The film is supported by organisations such as Pink Parenting and the Network of European LGBT Families Associations (NELFA).

Mike Buonaiuto says ‘In over 80% of Europe, the legal protection of same-sex couples and their children is not recognised in the eyes of the law.

‘With this project we’ve been able to build a team of professionals completely working on a voluntary basis. They believe that if you dedicate yourself to what you are passionate about and your talents, you can actually use those skills to make a difference.’

The whole campaign is designed to be shared on social media such as Facebook and Twitter.

The film is released on November 5th.

Watch the trailer below:

http://www.gaystarnews.com/article/teaser-new-gay-parenting-film-released181012

Irlanda do Norte legaliza adoção de crianças por casais homoafetivos

in: http://sul21.com.br/jornal/2012/10/irlanda-do-norte-legaliza-adocao-de-criancas-por-casais-homoafetivos/

Antes da Irlanda do Norte, os outros países do Reino Unido já permitiam que casais homoafetivos adotassem crianças| Foto: Guillaume Paumier

Casais do mesmo sexo na Irlanda do Norte agora podem adotar crianças. Nesta quinta-feira (18), um juiz rejeitou a lei da adoção de 1987, que discriminava casais homossexuais.

Ativistas dos direitos LGBT comemoraram a decisão, que se deu em um processo movido pela Comissão de Direitos Humanos da Irlanda do Norte. No entanto, o Ministro da Saúde, Edwin Poots, um evangélico que se opõe a uniões homoafetivas, afirmou que o governo vai apelar a decisão.

Para o juiz Seamus Treacy, a antiga lei violava leis européias de proteção de privacidade e contra a discriminação. Outras partes do Reino Unido já permitem que casais homoafetivos adotem crianças, mas a lei da Irlanda do Norte restringia a adoção a pessoas casadas e adultos solteiros – incluindo, neste grupo, homossexuais.

A Irlanda do Norte, como o resto do Reino Unido, legalizou o casamento civil para casais homossexuais em 2005.

Com informações do Huffington Post

http://sul21.com.br/jornal/2012/10/irlanda-do-norte-legaliza-adocao-de-criancas-por-casais-homoafetivos/

Casal gay registra filho indiano na Argentina em caso inédito no mundo

in: http://www.noticiasdeitauna.com.br/

Um casal gay inscreveu esta terça-feira o filho no registro civil de Buenos Aires sem a mediação de uma decisão judicial, um caso único no mundo, informou à AFP Maria Rachid, dirigente da ONG Lésbicas, Gays, Bi e Transexuais (LGBT).

“É o primeiro caso em nível mundial onde a certidão de nascimento é expedida diretamente pelo registro civil como filho de dois homens. Em outros casos foi feito a partir de uma decisão judicial, que retificava a certidão anterior”, explicou Rachid, também legisladora da Assembleia de Buenos Aires.

O casal formado por Carlos Grinblat, de 41 anos, e Alejandro Dermgerd, de 35, inscreveu esta terça-feira, em um cartório do centro da capital argentina, Tobias, com um mês de vida. O bebê nasceu na Índia, país que o casal escolheu para alugar o ventre da mulher que deu à luz seu filho.

“Nossa única luta era por formar nossa família. É outro passo no reconhecimento dos direitos igualitários. Este é um caminho que começou há anos e um marco foi o casamento igualitário”, disse Grinblat ao sair do cartório, enquanto exibia, ao lado do companheiro, o documento que atribuía o registro do filho aos dois.

Em 2010 a Argentina se tornou o primeiro país da América Latina a autorizar o casamento gay em nível nacional e o décimo do mundo, depois de Holanda, Bélgica, Espanha, Canadá, África do Sul, Noruega, Suécia, Portugal e Islândia.

Desde 21 de julho de 2010, quando a presidente Cristina Kirchner promulgou a norma aprovada seis dias antes pelo Congresso, “se oficializaram 5.839 casamentos em todo o país”, destacou a LGBT em 12 de julho.

Enquanto isso, em maio passado, o Congresso argentino aprovou por ampla maioria a lei de identidade de gênero, que autoriza travestis e transexuais a registrar seus dados com o sexo escolhido.

http://www.noticiasdeitauna.com.br//

Tips for kids with gay parents who get teased

in: http://proudparenting.com/node/16907

All children will likely get teased at some point, and there isn’t much that that parents can do about it. However, when a child has gay parents, it often opens the door to teasing that is much more targeted and intense, and that can prove difficult to manage, says parent advocate Sue Scheff (pictured).

If you’re a gay parent who is concerned that their child is getting teased, encourage your child to:

• Speak to a teacher: There are rules against bullying in schools today. Make your child aware that teasing or bullying him because his parents are gay is a hate crime and one that will not be tolerated in the school.
• Understand their situation: Urge your child to talk to you about any questions that they might have about your relationship. The more children understand their family, the more comfortable they can be in their own skin.
• Be educated: Many children are uneducated about gay couples and may feel like they are the only children with gay parents. Help your child to learn about other gay families and be educated enough to answer common questions that may arise.

Sue Scheff is an Author and Parent Advocate. She founded Parents' Universal Resource Experts in 2001. P.U.R.E. is an organization that helps parents with struggling teens. Learn more at www.suescheff.com and email Sue at suescheffauthor@gmail.com.
[via Examiner.com]

http://proudparenting.com/node/16907

Study: Kids Of Lesbian Moms "Doing Very Well"

in: http://www.buzzfeed.com/

Last week, a sociologist wrote that children of moms in same-sex relationships had trouble later in life. But now, another research team says one common critique of lesbian parenting — the lack of male role models — actually doesn't hurt kids.

Source: Dubova  /  via: shutterstock.com

Authors and politicians have long voiced concern that children — especially sons — of lesbian parents might be damaged by the lack of male role models in their lives. So researchers from the 

Authors and politicians have long voiced concern that children — especially sons — of lesbian parents might be damaged by the lack of male role models in their lives. So researchers from the University of Amsterdam and UCLA's Williams Institute decided to investigate whether the absence of a man to look up to actually harmed lesbian couples' kids. They found it actually had very little effect — and their work may call into question recent research that showed children of lesbians struggling later in life.

Study author Henny Bos and her team looked at 78 adolescent children of lesbian parents. They asked the teens if they had a close male role model in their lives. Then, because some psychologists have speculated that boys without men around fail to learn masculine behavior, they asked the kids how much they identified with stereotypically masculine traits (like competitiveness) and stereotypically feminine ones (like being understanding). Finally, they gave both the teenagers and their mothers standard questionnaires designed to measure the teens' psychological adjustment.

They found that having a male role model didn't affect whether girls or boys identified with traits stereotypically assigned to their gender — girls were more likely to identify with feminine traits than boys were, and both genders were actually equally likely to identify with masculine ones, regardless of whether they'd grown up with a man around. Male role models didn't seem to affect psychological adjustment, either — teens without them were no more likely to be anxious, depressed, or angry than teens who did have them.

The study authors note that this matters because the lack of a male role model has been used as a justification for barring lesbian couples from adopting. And lesbian parents have come in for criticism lately in the wake of last week's paper by sociologist Mark Regnerus, which found psychological and social problems among adult children of moms who had same-sex relationships. That paper was held up by some conservatives as an argument against gay marriage — Maggie Gallagher, founder of the National Organization for Marriage, said it showed that "the intact, married biological family, a mom and a dad" was the "gold standard" for raising kids. But if the male-role-model study is accurate, a mom and a mom may be just as good.

Study co-author Nanette Gartrell told BuzzFeed Shift that her team's research took a very different approach than Regerus did. Her team's was, she said, "the only study of its kind" that began at conception and followed families in real time throughout their children's lives, asking about experiences as they happened. This structure, she says, gives her research "an entirely different level of validity" than Regnerus's.

She was hesitant to make a direct comparison between her team's results and his, because her study looked exclusively at lesbian parents who were out before they had children, while Regnerus didn't study sexual orientation per se — his research looked at parents who had ever had a same-sex relationship, regardless of whether they currently or ever identified as gay. What Gartrell could say was that in her team's work over the years, which has been the subject of numerous papers before the most recent one, they'd found "the adolescents are doing very well."

She added that this wasn't only the case for children from intact lesbian families. About half the couples who were together at the beginning of the study have now separated. But, she noted, three quarters of the separated lesbian parents have continued to co-parent, which likely will result in more stability and better outcomes for their kids than if they failed to share parenting duties.

Regnerus himself was doubtful about whether Bos and Gartrell's team had really found anything about children of lesbian parents in general. He told BuzzFeed Shift that their study could help scholars "learn more about these 78 people," but "whether we have learned more about the experience of children from all lesbian parents or households [...] is much less likely." He also doubted whether a "sample of largely well-educated, mostly-white women" could be representative of lesbian parents nationwide — the team's sample was 87% white and about 57% middle-class, with 18% of families identifying as working-class and about 25% identifying as upper or upper-middle.

Gartrell, meanwhile, argues that her team's sample size isn't small for such a long-term study. Data collection began in 1986, before computer technology and the internet made data from large samples easier to gather. Now that such technology is available, she says there are many larger studies in the works — her team looks forward to more data on same-sex parents very soon.

http://www.buzzfeed.com/

Utah school pulls picture book about lesbian parents from shelves

in: http://www.latimes.com/

A picture book aimed at pre-reading children has raised the ire of two dozen parents of students at a Utah elementary school who say that its subject matter is decidely adult: the story of a lesbian couple raising children.

The book, “In Our Mother’s House” by Patricia Polacco, was removed from the library shelves at Windridge Elementary School near Salt Lake City after parents raised objections about the suitability of the book’s social message.

The book is now kept behind the librarian’s counter and can only be checked out once a student presents a permission slip from a parent, said district spokesman Chris Williams.

The brouhaha started in January, when the mother of a kindergarten student became upset after her child checked out the book and brought it home. The mother and her husband alerted elementary school officials, Williams said.

“She didn’t think it was appropriate for her child or any other child in the elementary school,” Williams told the Los Angeles Times.

School district officials decided to make the book accessible only to older children, but the mother objected to that compromise. “She wasn’t happy with that decision,” Williams said. “She came back to the district with a petition signed by 25 parents to remove the book.

A seven-member committee determined that the book didn’t align with district curriculum standards. The committee, composed of teachers, administrators and parents, voted to place the book in a special check-out area.

Williams said the book – the cover shows two women holding three children of different ethnicities – was originally purchased in part because a student who attended Windridge elementary has two mothers and librarians wanted to foster inclusion.

According to a website for the book, Polacco’s book encourages people to try to understand people who aren’t like them.

"Marmee, Meema, and the kids are just like any other family on the block. In their beautiful house, they cook dinner together, they laugh together, and they dance together. But some of the other families don’t accept them. They say they are different. How can a family have two moms and no dad?" a description of the book states. " But Marmee and Meema’s house is full of love. And they teach their children that different doesn’t mean wrong. And no matter how many moms or dads they have, they are everything a family is meant to be."

Rights activists blasted the decision to remove the book from library shelves.

“Parents have and should take seriously the importance of speaking to their children about their families, their history and their deeply held personal values. But as a community, we have a responsibility to hold open a space for children to accurately understand families, history and personal values as they actually exist in our diverse community," Brandie Balken, executive director of Equality Utah, told the Salt Lake Tribune.

Years ago, parents complained about violence in a 1971 book titled "Grendel," by John Gardner. John Steinbeck’s "Of Mice and Men," along with J. K. Rowling’s "Harry Potter" series and Stephanie Meyer’s "Twilight" series, have also brought parental backlash. But none of those books were never removed from shelves, Williams said.

“Parents do have opportunity approach the school and meet with officials and say ‘I have objection to this book’ and that’s what this parent did,” he said.

http://www.latimes.com/

Homossexualidade pode levar a pena de morte em 5 países

in: http://noticias.terra.com.br/

O casamento entre duas pessoas do mesmo sexo é permitido em dez países, enquanto a homossexualidade é ilegal em 78 nações e pode implicar em pena de morte em cinco, informou um estudo global publicado nesta terça-feira.

O documento "Relatório sobre Homofobia Patrocinada pelo Estado", divulgado hoje pela Associação Internacional de Lésbicas, Gays, Bissexuais e Transexuais (ILGA) mostra um panorama sobre a situação da homossexualidade no mundo.

O texto revela que 113 países autorizam a homossexualidade, enquanto 78 consideram que praticar sexo entre duas pessoas do mesmo gênero constitui um ato ilegal, entre eles, dez do Caribe.

Entre as nações que penalizam a homossexualidade com pena de morte estão Irã, Arábia Saudita, e Iêmen, Mauritânia, Sudão, as regiões do norte da Nigéria e o sul da Somália.

Enquanto isso, quinze países fixaram parâmetros para determinar a idade de consentimento para relações sexuais heterossexuais e homossexuais. Contudo, o relatório também mostra que 24 nações proíbem a incitação ao ódio baseado na orientação sexual.

Com relação ao reconhecimento de direitos, dez nações permitem o casamento homossexual. Por ordem cronológica são eles: Holanda, Bélgica, Espanha, Canadá, África do Sul, Noruega, Suécia, Portugal, Argentina, e Islândia. Em outros 14 países, os casais do mesmo sexo contam com o reconhecimento de suas uniões civis, com direitos similares aos casais heterossexuais.

A adoção de crianças por casais homossexuais é admitida em 12 nações em igualdade de condições que os casais de sexo diferente, entre eles o Brasil, e 18 possuem legislação específica para as pessoas que passaram por um processo de mudança de gênero.

A Europa é a região do mundo onde os direitos dos homossexuais são mais atendidos. Só o norte do Chipre proíbe as uniões do mesmo gênero. No entanto, os homossexuais europeus ainda sofrem discriminação e violência, além de não terem a liberdade de expressão e demonstração de identidade totalmente reconhecidas.

Na América Latina, o maior problema enfrentado pelos homossexuais é a violência, pois a maioria dos países não possui uma legislação que proíbe a homofobia, o que permite que muitos crimes fiquem impunes.

Metade dos países da Ásia ainda criminaliza a homossexualidade e na África "a homofobia patrocinada pelo Estado aumentou na última década", disse a ILGA.

http://noticias.terra.com.br/

LGBT parents and their children celebrate “International Family Equality Day” at a picnic below the Hollywood sign

in: http://www.prweb.com/

      LGBT-led families will gather at a picnic in Hollywood on May 6, part of International Family Equality Day.

This Sunday, local gay and lesbian parents and their families will gather at a community picnic at Lake Hollywood Park, just below the iconic Hollywood sign to take part in a world-wide celebration of LGBT-led families. In Germany, families will tour the Stuttgart Zoo. In Switzerland, it’s lunch in Parc des Bastions, overlooking Lake Geneva’s landmark water fountain. New Yorkers will gather in Times Square and similar events are taking place in Helsinki, Toronto, Minneapolis (MN), Dover (NH) and Albuquerque (NM).

A professional photographer will offer free family portraits to those who attend the Los Angeles event. There will also be a kids' playground, jumper, arts & crafts, food and a group hike up the mountain to view the Hollywood sign and the surrounding Los Angeles scenery. The event is free and open to all LGBT parents and their families.

“Today is a chance for our kids to gather with other families like ours and enjoy a day in the sun,” says Michael Troynel, Board member of The Pop Luck Club, a local non-profit organization sponsoring the event. Its mission is to advance the well-being of gay prospective parents, gay parents and their children. The group boasts hundreds of member families and recently celebrated its 500th child. Troynel and his husband Jason have raised seven children ranging from 7-22 years old.

According to 2010 U.S. Census data, children are being raised in over one million LGBT-headed households. This multi-city collaboration among LGBT parenting groups to produce “International Family Equality Day” is the first of its kind.

While such groups have existed in the U.S., Canada and many Western European nations for a decade, representing tens of thousands of families, many new “Rainbow Family” organizations have been created in recent years in less supportive, even repressive countries. Regardless of different legal, political and social circumstances, the dramatic increase in the numbers of LGBT people who choose to raise children is a global phenomenon.

“I see this day as a chance for gay and lesbian moms and dads to stand in solidarity with our brothers and sisters around the world.” says Rich Valenza, President of The Pop Luck Club. "In many parts of the world, gay parents and our children face extra challenges. By raising visibility, we hope to educate our neighbors and the world that our families and children are very much like theirs.” Troynel adds, “Parenting is not always a walk in the park… but today, I guess it is!”

http://www.prweb.com/

Both lesbian moms have parental rights, Florida court rules

in: http://www.latimes.com/news/nationworld/nation/la-na-lesbian-custody-battle-20120103,0,3890777.story

One was the egg donor and the other carried the child to term. Then they split up. The appellate court's decision could have wider implications

They fell in love, moved in together in a house in central Florida and had a baby girl. Now they are fighting over who should raise the child. But unlike most couples, they are two women. One donated the egg. The other had it implanted into her womb and carried the child to term.

So which one is the mother? The woman who bore the child says it is she and she alone.
A circuit judge in Brevard County, writing that it broke his heart to say so, ruled that she's right. Under Florida law, a woman who gives birth is the mother. Late last month, however, a state appeals court in Daytona Beach overturned his decision, saying the other mother has parental rights too.

The 5th District Court of Appeal ruled that the U.S. and Florida constitutions trump Florida law and give parenting rights to both women. State law, it added, has not kept up with the times.

"This is a unique case, and the appellate courts in Florida have never before considered a case quite like it," it said.

Although growing numbers of families have two parents who are the same sex, few involve children whose chromosomes come from one woman but who were carried to term by another.

Still, it's an important decision with a wider implication, said Nancy Polikoff, a law professor at American University Washington College of Law and expert on gay-and-lesbian family law.

"Any ruling that supports the right of a same-sex couple … is important for its willingness to recognize that these families exist and a child raised in this environment shouldn't be forced to give up a parent," she said.

In this case, the couple had been in a committed relationship for 11 years, according to court records. Several years ago, they decided to have a child, went to counseling to prepare for it and then discovered that one of them, then a 39-year-old law enforcement officer, was infertile.

The couple went to a reproductive doctor, and the other would-be mom, then 34 and also a law enforcement officer, donated an egg to be fertilized. It was implanted in her partner's womb, and a baby girl was born the first week of 2004.

The couple gave the baby a hyphenated version of their last names, but the child's birth certificate bore only the name of the mother who had carried her to term. The father was an anonymous sperm donor who had waived his rights.

The child treated both women as parents, according to the appeals court ruling, even after they split up when the girl was 2.

A year and a half later, the birth mom disappeared with the child, leaving the country without telling her former partner where they had gone. Eventually the egg-donor mother tracked them down in Queensland, Australia. They have since returned to Florida. Attorneys for both women did not return phone calls.

The appeals court handed down its ruling Dec. 23. It asks the Florida Supreme Court to weigh in on a very narrow legal issue: Does a woman in a lesbian relationship who gives her egg to her partner have no legal rights to the child it produces?

Camilla Taylor, a family lawyer with LAMBDA Legal Defense and Educational Fund, a nonprofit group that works on behalf of gays and lesbians, praised the ruling.

"I think it's clear the court reached the correct result, and courts are moving toward greater protections for families that involve either varying kinds of biological connections to their children or who have no biological connection but have functioned as parents in a child's life," she said.

The appeals court ordered the case back to the trial judge, Circuit Judge Charlie Crawford in Viera, instructing him to give the egg-donor mother access to her daughter and to iron out custody, visitation and child-support issues. The thing on which he should focus, the appeals court wrote, is the child's well-being.

That edict to focus on the child is one of the most heartening things about the ruling, Polikoff said.

Report: 2 Million Children of LGBT Parents Without Equal Protections

in: http://www.google.com/hostednews/ap/article/ALeqM5jp702juWOqnPvMRCwbpuIKjiHa3A?docId=69dac9da8b6f4e869b8eb6346bff96b5

According to her dads, life is good for Carrigan Starling-Littlefield, a spunky 5-year-old being raised by two gay men in South Carolina, which doesn't recognize their out-of-state marriage.

"We've found that being a family has created a lot of common ground with other families. We've not had many issues at all," said Tommy Starling, a partner in a food brokerage.

Yet he and his husband, Jeff Littlefield, who became parents through a California-based surrogacy program, remain wary as they contemplate Carrigan growing older and confronting challenges beyond their supportive community in Pawley's Island, S.C.

"We're cautious about where we go, because we don't want our daughter to see any negativity," said Starling, 39. "We have some longer-term apprehensions that she'll face issues as she gets older, and we're trying to prepare her for that ... I feel she's the type of person who will stand up for her family."

Carrigan is among a growing multitude of American children — possibly more than 1.2 million of them — being raised by gay and lesbian parents, often without all the legal protections afforded to mom-and-dad households.

Increasingly, the welfare of these children will be a core part of gay-rights strategies, as evidenced by a comprehensive report being released Tuesday. Compiled by an alliance of advocacy and child-welfare groups, it summarizes how laws and social stigma create distinctive challenges for gay, lesbian, bisexual and transgender families.

"There are myriad ways that our families are discounted by government at all levels, and children are hurt the most," said Jennifer Chrisler of the Family Equality Council, one of the three groups authoring the report.

The other groups are the liberal Center for American Progress and the Movement Advancement Project, a gay-rights think tank. Among other participants in the project were the National Association of Social Workers and the Child Welfare League of America.

The U.S. census does not attempt to count the number of children being raised by gays and lesbians. Demographer Gary Gates of the UCLA School of Law's Williams Institute, who has been a consultant to the Census Bureau, estimates the number at 1.2 million, while the new report uses the figure of 2 million, including children with bisexual and transgender parents.

Whatever their numbers, the families are striking for their diversity — encompassing many low-income and minority households, and spread across about 96 percent of America's counties, according to data compiled by Gates and others.

Among the barriers and inequities they face, as detailed in the report:

—Many government safety net programs use definitions of family tied to marital status which may exclude same-sex partners.

—Because of lack of legal recognition for their unions, gay and lesbian parents can face heavier tax burdens, higher costs for health insurance, and diminished financial protections in the event of death or disability.

—When same-sex parents separate, one parent may lose custody or visitation rights, even in cases where he or she had been a child's primary caregiver.

Overshadowing all these problems is pervasive social stigma, according to the report.

"Many of the challenges LGBT families face stem from a society that assumes that everyone is heterosexual and comes from a family with two married heterosexual parents," it says.

For opponents of same-sex marriage, the issue of children can prompt nuanced responses.

"Certainly children in any household arrangement need to be protected — need full support and love," said Mary Ellen Russell, executive director of the Catholic Conference of Maryland. But she said such protections should be provided without redefining the traditional concept of marriage as between a man and woman.

Many of the obstacles and inequities outlined in the new report would be addressed if same-sex marriage — now legal in six states and Washington, D.C. — were legalized nationwide and recognized by the federal government. However, the report includes numerous recommendations for less sweeping changes that would benefit children with gay parents, such as:

—Broadening the definition of "family" to allow LGBT families to benefit fully from government safety-net programs, and revise the tax code to provide equitable treatment for these families. At present, even legally married same-sex couples who can file joint state tax returns must file separate federal returns.

—Enacting state-level parental recognition laws that would allow joint adoption by LGBT parents. Even with about 110,000 children in foster care who are eligible for adoption, some states and agencies refuse to place children with same-sex couples.

—Ensuring that LGBT families have access to health insurance on equal terms with heterosexual families, and eliminate inequitable taxation of these benefits.

—Ensuring that hospital visitation and medical decision-making policies are inclusive of LGBT families.

—Expanding education and training about LGBT families for social workers, health care providers and other professionals.

Jeff Krehely, director of the Center for American Progress's LGBT research and communications project, said the report is part of an effort to counter arguments that same-sex marriage is a threat to children.

"People who oppose marriage equality have used and exploited children in a very scare-mongering way," said Krehely, who hopes the report will increase public understanding and empathy.

The report, titled "All Children Matter: How Legal and Social Inequalities Hurt LGBT Families," is being presented Tuesday at event in Washington drawing some high-level government officials.

Bryan Samuels, commissioner of the federal Administration on Children, Youth and Families, is scheduled to be part of a panel discussion, and the opening speech will be given by Maryland Attorney General Douglas Gansler, a staunch gay-rights supporter in a state where lawmakers will be considering a bill to legalize same-sex marriage next year.

"Same-sex marriage is a pro-family measure," Gansler said in a telephone interview.

Lisa Polyak, chair of the statewide gay-rights group Equality Maryland, says there will be a concerted effort during the legislative debate to highlight the challenges facing children of gays and lesbians.

"If you care about children, you should care that the parents don't have the legal tools to take the best care of them," she said.

Polyak and her partner of 30 years, Gita Deane, were married earlier this year in Washington. They have two daughters, Devi, 12, and Maya, 15, who testified before lawmakers last year in support of same-sex marriage in Maryland.

"The root of my activism is denial of equal treatment of my children," said Polyak, citing instances where her daughters had been hurt by other people's comments.

"One child told my daughter she was not allowed to come over to our house because we weren't really a family," Polyak said. "For them, it's a constant source of sadness and hurtfulness."

___(equals)

Online:

The "All Children Matter" report: http://www.children-matter.org

Family Equality Council: http://www.familyequality.org/

Center for American Progress: http://www.americanprogress.org/

Lesbian Drama 'Kids Are All Right' To Become HBO Series

in:http://www.ontopmag.com/article.aspx?id=9800&MediaType=1&Category=16

The Oscar-nominated lesbian moms film The Kids Are All Right – which starred Annette Bening, Julianne Moore and Mark Ruffalo – is coming to cabler Home Box Office (HBO) as a series.

According to Nikki Finke's Deadline.com, an hour-long weekly drama based on the film is being developed by the premier cable network.

Lisa Cholodenko, who directed the movie and, along with Stuart Blumberg, co-wrote the film based loosely on her own experience, is on board to write the pilot.

“I'm told that it will continue the adventures of the five main characters,” the site wrote.

In The Kids Are All Right, the family dynamics of long-term lesbian couple Nic (played Annette Bening) and Jules (Julianne Moore) is altered in unexpected ways when their teenage children, Laser (Josh Hutcherson) and Joni (Mia Wasikowska), seek out Paul (Mark Ruffalo, Eternal Sunshine of the Spotless Mind, Shutter Island), their biological father, whose anonymously donated sperm was used to impregnate the women.

In addition to Cholodenko, the project also includes the film's original producers.