California Court reaffirms Gay Parenting

This was very much of the California Supreme Court decision this week in three cases, technology and reproduction relations lesbians.In California, decisions - gives full fatherhood and motherhood with former partners, despite the lack of acceptance or the legal environment, in two cases, a biological link - the ground a little more clear and consolidated management in many jurisdictions are moving: The transfer of rights and duties of parents to their role on the basis of deliberate instead of biology and psychology, adoption or marriage.

But given that decisions were praised and decried throughout the country, they also stressed the important mosaic of addressing the various countries, such as the often troubled relations in the bond of technology transfer and reproduction of family structures.

“I believe that these three decisions without precedent, because they go so far towards the protection of children regardless of their marital status or biology or sex of the parent, but at the same time, they are not unique “Says Joan Hollinger, Law on the adoption and parentage expert at the University of California at Berkeley.” They are part of the quest for what is in many countries, in order to determine how to define parents if sex is separated from reproduction. ”

At least nine countries officially allow second parent adoption - often tempted by homosexual couples - and several conferences or visiting rights have ordered nonbiological care of the child or nonadoptive parents.

But California are the first cases in which these persons was found full right of parents, with rights to say that the legacy of social insurance or benefits.

The decisions also affect heterosexual couples, reproductive technology, but this week, a large part of the answer, the Court did on the observation that “We see no reason why both parents of a child can not women. ”

“Same-sex couples are now able to Procreate and children, and the law has the residue to explain that reality,” said Shannon Minter, Legal Director of the National Center for Lesbian Rights. Like many pro-gay rights, he applauded the decision for the recognition of parental responsibility outside obligations sex or family situation.

The three decisions, while all reproductive technologies to address very different situations. In one, a woman was exempted from paying child support, the biological children of his former lesbian partner, was in social spending since the two split.

In the second, a woman, years ago, a court for - and birth - the compatibility of these two partners and their parents, said he could not from their former partner rights.

Perhaps it is little case, he went a bit in which a woman donated an egg to her partner, hole, two children. At the time of the gift of the woman, whose initials KM, signed an application form for parental leave, although the two women involved twins six years.

Two different judges in this opinion pointed out that discharges could form repercussions on other eggs and sperm donors, sign exemptions in the faith they have left their obligations. But the majority believes that the intention and the Law on the par-enting rich, to grant rights KM it is requested.

“The only existing precedent on issues that cover, it is an important point of reference for other countries, notes Jill Hersh, KM’s lawyer.

During these three rulings apply only in California, the state is often at the cutting edge of reproductive technology, decisions guidance and assistance, as other states, as more and more complex , Are facing family structures.

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