Parentage Orders New York

Parentage Orders New York

Parentage Orders in New York have just become an easier option for lesbian families.

Parentage orders in New York are a reality after the passage of the Child Parent Security Act, a long-awaited statute that acknowledges how gay and lesbian couples and individuals have families and offers a direct course to legal parentage.  As of February 15, 2021, New York has joined the legion of states that not only legalize gestational surrogacy, but also recognize how gay and lesbian couples and individuals have families and assist them in protecting those families with a direct pathway to parenthood.parentage orders New York

Parentage Orders in New York are now a reality.  Before February 15, 2021, the only clear way of establishing parentage in New York was through second or step-parent adoption.  Many couples still choose to establish parentage through the adoption process because it is the gold standard of parentage.  There is Supreme Court precedent for the recognition of adoption orders when the court refused to hear a case challenging the validity of an adoption order for a gay couple.  There are still specific indications when adoption is preferred over a parentage order, however, if you are not a couple that travels Internationally or if you have no plans to move to a gay-unfriendly state, the New York statute will provide the protection your family deserves.

The process for a parentage order differs slightly between Counties, but there is some regularity that you can count on.  First, the question of jurisdiction remains one that hinges on the cost of the process.  If you choose to file in Supreme Court, you will receive an Order from that court that will most likely result without a court appearance.  There are some costs associated with this method.  When you file in Supreme Court, one of the procedural elements is the filing of a Request for Judicial Intervention (RJI), which comes with the cost of a $350.00 filing fee.  When you file in Family Court, the case is heard by a Support Magistrate.  There is no filing fee, however, there may be an appearance required. 

parentage orders new yorkIf COVID-19 restrictions apply, appearances are virtual.  This means that you will not have to go to court but log in to a virtual hearing online.  COVID-19 will at some point in the future be an issue of the past.   Families will have to weigh the costs of filing and the costs of appearing in court. 

The specifics of filing will include a Petition, which collects the necessary information the court needs to process the request.  The court also wants to hear from either the clinic that facilitated the pregnancy, the anonymous provider of sperm or the petitioners if they used home insemination to get pregnant.  The Court wants to make sure that all Parties who should be notified of the proceeding are accounted for.   The Petition verifies that the petitioning couple has lived in the State of New York for the last six months, that they consented to the Assisted Reproduction, the proposed name of the child and when the child is due to be born, or when they were born. 

For couples who have their families with the assistance of an anonymous sperm donor, the court will require a letter from the sperm provider to affirm that the donor was indeed anonymous and has no legal parentage rights to the child.  For couples who work with a known, or directed, donor, the court will view a Known Donor Agreement as proof that the donor does not intend to be a parent.  If there is no Agreement in place, your Attorney will have to draft an Affidavit that the Donor would sign to affirm their intentions to the court.  The Support Magistrate hearing the case may also request that your donor appear at your hearing.

Parentage Orders New York

The fact that we now have Parentage Orders in New York is a huge step forward for LGBTQ families.  While some couples will still choose to create legal parentage through second or stepparent adoption, we have another, lower cost option.  Parentage Orders in New York are a simple, straightforward way to affirm a family’s legal status and are available in many States across the Country.  Thanks to The Child Parent Security Act, our families are more secure and the Courts are learning more about how we have our families and protect them from challenge.

 

By Anthony M. Brown, June 1, 2021. www.TimeForFamilies.com

 

 

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Tennessee governor approves transgender youth treatment ban

Tennessee Transgender

After signing two bills into law targeting transgender people over the past week, Tennessee’s Gov. Bill Lee has approved legislation that bans gender-confirming treatment for young minors despite objections that the series of bills unfairly discriminate against an already vulnerable population.

The move makes Tennessee just the second state in the United States to enact such a transgender ban after Arkansas approved a similar version earlier this year over a veto from Republican Gov. Asa Hutchinson.Tennessee Transgender

Tennessee’s version, which goes into effect immediately, is slightly different. Under the new law, doctors would be banned from providing gender-confirming hormone treatment to prepubescent minors. Arkansas’ ban applies to anyone under the age of 18 and also specifically bans doctors from providing gender-confirming surgery.

It’s unclear how many will be affected by the new law. Advocates argue that no doctor in Tennessee is currently providing hormone therapy to youths before they enter puberty. Meanwhile, the Endocrine Society also does not recommend offering puberty blockers or hormone treatments until children reach puberty.

However, with Lee signing off on the legislation, Tennessee continued its streak of being on the front lines of Republican statehouses across the country targeting the LGBTQ community through legislation. Only Texas has filed more anti-LGBTQ proposals this year than Tennessee.

PBS.org, May 19, 2021 from NATION

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The State Department reverses a policy that denied citizenship to some babies born abroad to same-sex parents.

citizenship babies

In a victory for same-sex couples, the State Department on Tuesday said it would grant U.S. citizenship to babies born abroad to married couples with at least one American parent — no matter which parent had biological connection to the child.

The new policy effectively guarantees that American and binational couples who use assisted reproductive technology to give birth overseas — such as surrogates or sperm donations — can pass along citizenship to their children.citizenship babies

Earlier rules had left couples like Allison Blixt and Stefania Zaccari in a precarious — and often unexpected — legal situation.

Ms. Blixt, who is American, and Ms. Zaccari, who is Italian, sued the State Department after their older son, Lucas, was denied citizenship. Lucas was conceived and carried to birth by Ms. Zaccari, while his younger brother, who was conceived and carried by his American mother, was given U.S. citizenship when he was born.

“We are relieved and thankful that our fight for our family to be recognized by the government has finally ended,” Ms. Blixt said on Tuesday in a statement released by Immigration Equality, which was advocating on behalf of same-sex families. “Lucas, who made me a mother, will finally be treated as my son and recognized as American, as his brother always has been.”

The State Department said in a statement that it could not estimate how many couples the new guidance would affect. Lawsuits filed against the State Department during the Trump administration are pending, one official said, but the guidance issued on Tuesday may soon render the litigation moot.

Previously, the State Department, based on an interpretation of 1950s immigration law, required a child born abroad to have a biological connection to an American parent in order to receive citizenship at birth.

The emphasis on biology drew scrutiny in particular for its impact on same-sex couples, who are more likely to use artificial reproductive technology.

In several cases, same-sex couples sued the State Department after their child was not recognized as a U.S. citizen.

In one stark example, the daughter of a married gay couple was denied citizenship, even though both of her fathers are American citizens. In that case, one of the fathers is an American citizen by birth, born and raised in the United States. His husband was born in Britain to an American mother. Their daughter, who was born abroad to a surrogate using a donor egg and sperm from her British-born father, did not qualify for citizenship at birth.

NYTimes.com, May 18, 2021 by Lara Jakes and Sarah Mervosh

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U.S. Lutheran Church Elects Its First Openly Transgender Bishop

first openly Transgender bishop

The Rev. Megan Rohrer, the first openly transgender Bishop, was elected to lead a synod that includes about 200 Lutheran congregations in Northern and Central California.

A pastor in California became the first openly transgender person to be elevated to the role of bishop in a major American Christian denomination when they were elected on Saturday to lead a synod in the Evangelical Lutheran Church in America.

first openly Transgender bishop

Photo Courtesy New York times

The Rev. Megan Rohrer was elected to a six-year term as bishop of the Sierra Pacific synod, an assembly based in Sacramento that includes about 200 congregations across Northern and Central California and northern Nevada.

“I am so proud to be a Lutheran,” Pastor Rohrer, 41, who will be installed as bishop on July 1, said in an email on Monday. “I pray that my election by the faithful people of the Sierra Pacific Synod will become a constant reminder that God’s fabulous love is never limited by the opinions or legislation of others.”

The Rev. Elizabeth A. Eaton, the presiding bishop of the Evangelical Lutheran Church in America, said in a statement on Monday that the Sierra Pacific Synod recognized Pastor Rohrer’s gifts as a leader.

“When we say all are welcome, we mean all are welcome,” Bishop Eaton said. “We believe that the Spirit has given each of us gifts in order to build up the body of Christ.”

Pastor Rohrer, who uses the pronouns “they” and “them,” currently serves as the pastor of Grace Evangelical Lutheran Church in San Francisco. They earned a Master of Divinity and completed postgraduate course work in Christian education at Pacific School of Religion in Berkeley, Calif., according to their profile on the church’s website.

“I want to be the kind of bishop that moves whatever stumbling blocks might have been placed before you, who roots for you, and worships with you,” Pastor Rohrer said before the vote on Saturday.

NYTimes.com, May 11.2021 by Jesus Jimenez

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An Inheritance Tax Bill You ‘Can’t Fathom’: $10.8 Billion – Samsung

inheritance tax Samsung

The Samsung family in South Korea will also donate billions of dollars’ worth of art, including Picasso and Monet.

Picasso, Monet and Dalí are among the assets South Korea’s richest family is parting with as it prepares to pay one of the largest inheritance tax bills in history.inheritance tax Samsung

The Samsung family announced on Wednesday that it would pay $10.8 billion in inheritance taxes after the death of Lee Kun-hee, Samsung’s chairman, last year. South Korea has one of the highest inheritance taxes in the world. ​The family is required to inform the tax authorities of how it plans to pay the bill by Friday.

The answer will have deep implications for the family’s control of the company, the biggest and most profitable family-run conglomerate in South Korea. ​

Mr. Lee was credited with turning Samsung into a global tech giant known for its semiconductors and smartphones. But the reclusive chairman kept many secrets, including how he wanted to split his wealth ​among his wife and three children after he died.

Mr. Lee’s only son, Lee Jae-yong, is the de facto leader of Samsung. If he inherits his father’s shares in Samsung subsidiaries, it will tighten his control of the company. But it remains unclear how much he will inherit or how he will raise the billions of dollars needed to pay the inheritance tax. ​

Analysts expected Mr. Lee to sell some nonessential Samsung shares and secure bank loans​, hoping to pay them back with dividend payouts ​from his Samsung holdings​.

“How to split Chairman Lee’s fortune is at the heart of the question of who controls Samsung,” said Chung Sun-sup, editor of chaebul.com, which monitors South Korea’s family conglomerates, also known as chaebol. “It appears that the family has not yet reached a complete agreement.”

The Lees are South Korea’s richest family. The $10.8 billion is more than half the value of the father’s total estate, and more than three times the total inheritance taxes the government collected last year, according to Samsung.

 

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He was adopted months after he was born. After decades of searching, he’s finally met his birth family

adopted

 

The door was open and a “frail little voice” called out for the brothers to come inside.

Sitting in a medical lifting chair was their mother, a woman in her late 80s who Martin Hauser had never known.adopted
 
After 30 years searching for his biological family, Hauser, 59, finally got to meet his birth mother just a day after meeting his brother for the first time. It’s been a week since the emotional moment and the family is starting to mend old wounds.
 
“Not only did I come to North Carolina to see my brother for the very first time, I met my birth mother, which was totally unexpected,” Hauser told CNN this week. “Every experience we’ve had has been a blessing, has been a goose pimples, hair-raising experience of what we’ve been going through.”
 
The journey to get here wasn’t an easy one for Hauser, who was adopted months after he was born in 1962 in North Carolina.
 
Hauser and his sister were told they were adopted at a young age — Hauser was adopted in Greensboro. He said his adoptive mother, who lives in Georgia with his adoptive sister, always encouraged him to find his birth family.
 
Hauser, a resident of Mesa, Arizona, spent his childhood in Greensboro before going to junior high school in Spartanburg, South Carolina. He and his adoptive mother moved to Tucson, Arizona, after his parents divorced.
 
He had to overcome obstacles as he tried to learn about his biological family.
 
Adoption records are closed and sealed in North Carolina. He requested family medical information from Guilford County’s child services department when he started having his own children in the early 1990s, he said. No identifying information could be released at that time.
 
Cnn.com, May 1, 2021. by Christina Zdanowicz
 
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Maternal and Neonatal Morbidity and Mortality Among Pregnant Women With and Without COVID-19 Infection

COVID pregnant

The INTERCOVID Multinational Cohort Study

Key Points

Question  To what extent does COVID-19 in pregnancy alter the risks of adverse maternal and neonatal outcomes compared with pregnant individuals without COVID-19?COVID pregnant

Findings  In this multinational cohort study of 2130 pregnant women in 18 countries, women with COVID-19 diagnosis were at increased risk of a composite maternal morbidity and mortality index. Newborns of women with COVID-19 diagnosis had significantly higher severe neonatal morbidity index and severe perinatal morbidity and mortality index compared with newborns of women without COVID-19 diagnosis.

Meaning  This study indicates a consistent association between pregnant individuals with COVID-19 diagnosis and higher rates of adverse outcomes, including maternal mortality, preeclampsia, and preterm birth compared with pregnant individuals without COVID-19 diagnosis.

Abstract

Importance  Detailed information about the association of COVID-19 with outcomes in pregnant individuals compared with not-infected pregnant individuals is much needed.

Objective  To evaluate the risks associated with COVID-19 in pregnancy on maternal and neonatal outcomes compared with not-infected, concomitant pregnant individuals.

Design, Setting, and Participants  In this cohort study that took place from March to October 2020, involving 43 institutions in 18 countries, 2 unmatched, consecutive, not-infected women were concomitantly enrolled immediately after each infected woman was identified, at any stage of pregnancy or delivery, and at the same level of care to minimize bias. Women and neonates were followed up until hospital discharge.

Exposures  COVID-19 in pregnancy determined by laboratory confirmation of COVID-19 and/or radiological pulmonary findings or 2 or more predefined COVID-19 symptoms.

Main Outcomes and Measures  The primary outcome measures were indices of (maternal and severe neonatal/perinatal) morbidity and mortality; the individual components of these indices were secondary outcomes. Models for these outcomes were adjusted for country, month entering study, maternal age, and history of morbidity.

Results  A total of 706 pregnant women with COVID-19 diagnosis and 1424 pregnant women without COVID-19 diagnosis were enrolled, all with broadly similar demographic characteristics (mean [SD] age, 30.2 [6.1] years). Overweight early in pregnancy occurred in 323 women (48.6%) with COVID-19 diagnosis and 554 women (40.2%) without. Women with COVID-19 diagnosis were at higher risk for preeclampsia/eclampsia (relative risk [RR], 1.76; 95% CI, 1.27-2.43), severe infections (RR, 3.38; 95% CI, 1.63-7.01), intensive care unit admission (RR, 5.04; 95% CI, 3.13-8.10), maternal mortality (RR, 22.3; 95% CI, 2.88-172), preterm birth (RR, 1.59; 95% CI, 1.30-1.94), medically indicated preterm birth (RR, 1.97; 95% CI, 1.56-2.51), severe neonatal morbidity index (RR, 2.66; 95% CI, 1.69-4.18), and severe perinatal morbidity and mortality index (RR, 2.14; 95% CI, 1.66-2.75). Fever and shortness of breath for any duration was associated with increased risk of severe maternal complications (RR, 2.56; 95% CI, 1.92-3.40) and neonatal complications (RR, 4.97; 95% CI, 2.11-11.69). Asymptomatic women with COVID-19 diagnosis remained at higher risk only for maternal morbidity (RR, 1.24; 95% CI, 1.00-1.54) and preeclampsia (RR, 1.63; 95% CI, 1.01-2.63). Among women who tested positive (98.1% by real-time polymerase chain reaction), 54 (13%) of their neonates tested positive. Cesarean delivery (RR, 2.15; 95% CI, 1.18-3.91) but not breastfeeding (RR, 1.10; 95% CI, 0.66-1.85) was associated with increased risk for neonatal test positivity.

Conclusions and Relevance  In this multinational cohort study, COVID-19 in pregnancy was associated with consistent and substantial increases in severe maternal morbidity and mortality and neonatal complications when pregnant women with and without COVID-19 diagnosis were compared. The findings should alert pregnant individuals and clinicians to implement strictly all the recommended COVID-19 preventive measures.

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Connecticut Looks To Ensure Parentage Rights For LGBTQ Couples

Connecticut lgbtq

Connecticut lawmakers will consider a bill that would extend parental status to non-biological, unmarried and LGBTQ couples for the children under their care.

Proponents told the state judiciary committee that the Connecticut Parentage Act would fill the gaps in the existing state law and ensure equal protection for these LGBTQ parents to have custody, parenting time, and legal and medical decision making. It also ensures that children are connected to their parents’ healthcare.Connecticut lgbtq

Advocates argue that the current law is outdated and unconstitutional.

“Even though I was not legally the child of one of my fathers, even though many treated us with disgust and disdain, I am certain that my life and the moment I was born has brought my fathers deep and abiding joy,” said Malina Simard-Halm, a New Haven resident and member of LGBTQ+ family advocacy organization COLAGE. “And because of my dads, I have grown up in a family that has shown me the meaning of love, that supported me so much that now I am lucky enough to be here advocating so that people don’t have to go through what they did.”

On Monday, state lawmakers on the judiciary committee heard testimony from Simard-Halm and other advocates for the bill, including members of non-traditional families, doctors, lawmakers, lawyers and nonprofit organizations. 

Simard-Halm said her fathers used a surrogate mother to have her and fought through what she described as a “hostile legal system” to raise her.

“Exclusive parentage law sends a message that children like me do not belong,” she said. “When I was growing up, laws like Connecticut’s gave authority to the schoolyard bullying and kindled my own insecurities. At times, it led me to feel ashamed of the people who loved me and fought for me the most,” she said.

Douglas NeJaime, a professor of family and constitutional law at Yale Law School, helped draft the bill and has pushed for its passage since it was introduced in 2019.

“The Connecticut Parentage Act solves the problems in our parentage law,” NeJaime said. “It satisfies constitutional requirements. It reflects the diversity of families in our state. It protects children who are vulnerable under current law. It brings order to an area where there is uncertainty. It updates law that is outdated and it reflects best practices.”

A 2019 version of the bill was reintroduced this year with input and revisions from state courts and agencies.

wshu.org, March 9, 2021 by Alek Lewis

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Biden’s Consumer Financial Protection Bureau declares anti-LGBTQ credit discrimination illegal

consumer financial protection bureau LGBTQ

The Consumer Financial Protection Bureau said that sex-based protections include LGBTQ people now that Joe Biden is in office.

The Consumer Financial Protection Bureau (CFPB), under the direction of the Biden administration, has announced it will now include discrimination on the basis of gender identity or sexual discrimination within discrimination outlawed by the Equal Credit Opportunity Act (ECOA).consumer financial protection bureau LGBTQ

The CFPB is implementing President Joe Biden’s executive order from his first day in office, which directed federal agencies to interpret bans on discrimination based on sex to include LGBTQ people, in line with the Supreme Court’s Bostock decision from last year. The ECOA and Regulation B ban discrimination on the basis of sex “in any aspect of a credit transaction.”

CFPB’s Acting Director David Uejio, appointed by Biden, stated, “In issuing this interpretive rule, we’re making it clear that lenders cannot discriminate based on sexual orientation or gender identity. The CFPB will ensure that consumers are protected against such discrimination and provided equal opportunities in credit.”

The issuance of the “interpretative rule” means that the Bureau will interpret existing laws and policies with a common understanding, rather than creating new or circumventing existing laws and policies. It will be the position of the CFPB, responsible for enforcing the ECOA among other federal consumer finance regulations, that anti-LGBTQ discrimination is not legal for anyone under their jurisdiction.

Being rejected for a credit application by a lender or lending service because of your identity will now not be allowed.

“This prohibition also covers discrimination based on actual or perceived nonconformity with traditional sex- or gender-based stereotypes, and discrimination based on an applicant’s social or other associations,” CFPB stated.

LGBTQNation.com, March 10, 2021 by Juwan J. Holmes

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Three dads, a baby and the legal battle to get their names added to a birth certificate

three dads

Meet the three dads: Ian Jenkins and his partners, Alan and Jeremy.

They’re a “throuple”: a committed polyamorous relationship involving three people.birth certificate
 
And after a complicated and expensive court battle to all become legal parents, the trio are raising two toddlers in Southern California — and proving how families come in all forms.
 
They’re part of a unique and very modern family that includes three dads, two surrogates and one egg donor. In a new book, “Three Dads and a Baby,” Jenkins chronicles their search for potential egg donors and a surrogate, and a fight to change a medical and legal system geared toward heterosexual couples.
 
The three men have all been together for more than eight years. Jenkins says they fought to get all three of their names listed on the birth certificates to protect their parental rights and the rights of their children. The process was emotionally grueling.
“But we are hopeful that other people benefit from the experience we had,” he told CNN in a recent interview, “and that it’s easier, less expensive and less stressful for them.”
 
As a gay teenager in Virginia, Jenkins says he faced death threats after coming out and couldn’t imagine he’d ever be able to openly love another man.
 
“I was completely isolated. I didn’t know a single gay person when I was in high school,” he says. “I thought I’d never be able to live an authentic life.
 
“It never occurred to me that people could even have two partners.”
He met Alan while they were doing their medical residencies in Boston.
“He was smarter than the other students. It was obvious, even though he wasn’t straining to show off his medical knowledge, like half of them were,” Jenkins says.
 
cnn.com, 3/6/2021 by Faith Karimi
 
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