(San Francisco, CA, August 27, 2012)—Today, the California Assembly voted 51-26 in support of Senate Bill 1476, which will allow judges to recognize the reality that some children have more than two parents. This bill makes it possible for a third parent—such as a gay father who is raising a child with a lesbian couple—to have legal rights and responsibilities to protect and provide care for the child. The bill provides that when more than two adults meet the criteria to be a legal parent...
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On May 31, 2004, a Chilean Court ordered Karen Atala Riffo, herself a judge in Chile, to relinquish custody of her three children to her estranged husband because she is a lesbian and living with her female partner. The Supreme Court of Chile based its decision on the long-discredited and unsupportable notion that being raised by lesbian parents is harmful for children. With no legal recourse left in Chile, Ms. Atala took her case to the Inter-American Human Rights Commission (IAHCHR) in...
(Sacramento, CA, February 24, 2012)—Senator Mark Leno today introduced legislation that reaffirms a family court judge’s ability to recognize parent-child relationships based on the evidence and what is in the best interests of the child. SB 1476 modernizes state law by giving courts the flexibility to protect children who have parent-child relationships with more than two people. A California judge recently ruled that it was in the best interests of a child to recognize that she had a...
There are thousands of children being raised by non-biological parents, and they deserve to be treated fairly. Yesterday, a California appeals court ruled that these families are protected under California law. A case called E.C. v. J.V. recognized the rights of a non-biological mother who had raised a child with her same-sex partner for five years. The court rightly said that what matters is the relationship that the child and the parent have with each other, even if they aren’t biologically...
(San Francisco, CA, December 7, 2011)—The case was brought by a woman, known as S.Y., who raised two children with her former same-sex partner. The children were legally adopted only by S.Y.’s partner, S.B. S.Y. did not adopt the children, primarily because she was in the military and could have been discharged under “Don’t Ask, Don’t Tell” if the military learned about her family. The Court of Appeal, applying longstanding California law, ruled last week that S.Y. should be recognized as a...
(San Francisco, August 5, 2011)—Today, Gov. Jerry Brown signed the Protection of Parent-Child Relationships Act (AB 1349). Authored by Assemblymember Jerry Hill (D-San Mateo) and sponsored by Equality California and the Association of California Adoption Lawyers (ACAL), the law allows the courts to determine who a child’s parents are in cases where there is both a non-biological parent and a man who has signed a voluntary declaration of paternity. “Parenting is more than just...
(San Francisco, August 9, 2011)—Today, the National Center for Lesbian Rights and Dewey & LeBoeuf LLP filed an amicus brief on behalf of leading family law, constitutional law and conflict of laws professors and legal experts asking the U.S. Supreme Court to review a decision by the Fifth Circuit Court of Appeals holding that Louisiana can discriminate against children born in Louisiana and adopted by unmarried parents in other states by refusing to issue them accurate birth certificates....
A Statement from NCLR Executive Director Kate Kendell (San Francisco, CA, October 22, 2010)—Today Florida Attorney General Bill McCollum announced that he would not appeal last month’s ruling by the Third District Court of Appeal striking down Florida’s anti-gay adoption ban as unconstitutional. Florida Governor Charlie Crist and the state’s Department of Children and Families had already announced that they would not appeal the ruling. The ruling will become final after today, and will be...
Court Rules Florida’s Anti-Gay Adoption Law Is Unconstitutional (San Francisco, CA, September 22, 2010)—Today the Third District Court of Appeal in Florida unanimously upheld a 2008 Miami-Dade Circuit Court decision striking down Florida’s anti-gay adoption ban and permitting Martin Gill, a gay man, to adopt two foster children he and his partner have parented for years. Gill is represented by the ACLU of Florida. The plaintiffs presented numerous experts who testified that decades of...
Kim Smith and Maggie Quale are two women who were in a committed romantic relationship for over two years. They held a commitment ceremony before family and friends in January 2008. They decided to have children together and, after Maggie was unable to get pregnant using sperm from a sperm bank, they ended up using a friend’s boyfriend as a sperm donor. Kim and Maggie paid the donor $540 for his sperm from their joint bank account. They had twins, and raised them together for...
