Judge orders lesbian mother removed from her child’s birth certificate

[TNHarley]

By contrast, if a woman has a child from Man A, but is married to Man B, and Man B claims the child and the woman professes her husband as the father, the law will recognize him as inherently the child's lawful father, irrespective of biological relationship to the child.

Because they are married, so they biological dad will need a paternity test to prove it.
This all really isnt complicated.

 

[TheProgressivePatriot]

Because they are married, so they biological dad will need a paternity test to prove it.
This all really isnt complicated.

If man A stays out of it. Mab B is the presumptive father. If man a claims paternity, the court will ordeer a paternity test

 

[TNHarley]

If man A stays out of it. Mab B is the presumptive father. If man a claims paternity, the court will ordeer a paternity test

Correct.
That scenario is different than the OP, though.

 

[Stormy Daniels]

This would never happen with an opposite sex couple.

You're right, of course. If a hetero married couple discovered that the man was infertile, and they resorted to a sperm donor to have a child, the the husband would not have his parental rights revoked.

The rub in this instance is that the couple is going through divorce proceedings, so now the birth mother wanted the ex to be removed from the birth certificate. This is, basically, the most vicious custody dispute, ever.

Oh, and plot twist--the biological mom is now living with the biological dad! Gee, wonder what's going on here!

I do wonder if this child was conceived through legitimate sperm donation, or if it was more of an....au natural process. Because that kind of thing has popped up in the courts before. Generally speaking, a "sperm donor" is not recognized as a sperm donor by the courts if the "donation" was by actually having sex with the woman to be impregnated, even if all parties agreed at the time that the only purpose for the sex was to "donate". It has to all happen through legitimate medical procedure.

 

[TheProgressivePatriot]

Correct.
That scenario is different than the OP, though.

Yes but the same presumption of parenthood applies to the OP

 

[TNHarley]

Yes but the presumption of parenthood applies to the OP

until the biological parents wants rights. She should have adopted or signed some contract that the father didnt have any rights.
Thats on her and would happen to a hetero couple as well.

 

[TheProgressivePatriot]

You're right, of course. If a hetero married couple discovered that the man was infertile, and they resorted to a sperm donor to have a child, the the husband would not have his parental rights revoked.

The rub in this instance is that the couple is going through divorce proceedings, so now the birth mother wanted the ex to be removed from the birth certificate. This is, basically, the most vicious custody dispute, ever.

Oh, and plot twist--the biological mom is now living with the biological dad! Gee, wonder what's going on here!

I do wonder if this child was conceived through legitimate sperm donation, or if it was more of an....au natural process. Because that kind of thing has popped up in the courts before. Generally speaking, a "sperm donor" is not recognized as a sperm donor by the courts if the "donation" was by actually having sex with the woman to be impregnated, even if all parties agreed at the time that the only purpose for the sex was to "donate". It has to all happen through legitimate medical procedure.

Yes it is messy and interesting. The court is making it messy. It is absolutly inappropriate for a judge hearing a divorce case to, in effect, terminate the parental rights of one of the parents. That should be handled as any entirely separate matter

 

[TheProgressivePatriot]

until the biological parents wants rights. She should have adopted or signed some contract that the father didnt have any rights.
Thats on her and would happen to a hetero couple as well.

Yes but what would not happen with a heterosexual couple, where one is not the biological parent, is to have that persons parentl rights terminated. The judge clearly was out of line on that point

 

[Seymour Flops]

It is hard to believe that 7 years after the Obergefell decision that established the right to same sex marriage, and the Pavan v. Smith case that same-sex parents of children conceived by a sperm donor and/or birth surrogate should both be listed on the child’s birth certificate, just as is done for different-sex couples who have kids the same way, we have this sort of inhumane treatment of a lesbian.

Where is the equality established in 2015 by the two aforementioned cases? This would never happen with an opposite sex couple. The fact that the sperm donor subsequently petitioned the court for custody does not change that.

Judge orders lesbian mother removed from her child's birth certificate - LGBTQ Nation

Same-sex parents are being encouraged to legally adopt their own children in order to prevent a court from revoking their custodial rights.

www.lgbtqnation.com

I think you are reading too much "homophobia" into this story. This could have happened, and no doubt does happen, to men whose wives conceive babies via other men's sperm. She should have adopted the kid, if she was so concerned. It seems that she is more interested in standing in the way of the happiness of the biologically related family that has formed in the wake of the marriage that she destroyed.

Here is advice that straight couples need just as much as gay couples, and have been getting wrong for decades: You have a baby with someone and you want to maintain the relationship with that kid? Great. Make the effort. Stay together, even if it takes compromise, and a lot of pride-swallowing. You don't have to fake a lovey-dovey relationship if those feelings have gone away. You also don't have to put on a show for the kid of how unhappy you are with your once-chosen life partner. Live together and be civil, until the kid is grown. That's the minimum you owe your child that you decided to have. Plenty of time to divorce and go looking for "strange" after the kids leave the house.

I don't know. Maybe it is time to stop listing two parents on birth certificates. People's birth certificates follow them for life. I work with student's whose birth certificates I have to see from time to time. A lot of my special ed kids have BC's that are blank for the "Father" line. They'll have to show that over and over in their adult lives.

Plus this gay marriage thing? It all the rage now, but what if it dies off like the Pet Rock? Then who will want to have "Adam and Steve" on their BC's?

 

[Stormy Daniels]

Because they are married, so they biological dad will need a paternity test to prove it.
This all really isnt complicated.

It actually is more complicated. Granted, these laws vary somewhat from state to state. But generally, a husband is recognized as inherently being the legal father of any child his wife bears, so long as he claims the child. He would have to willfully give up his parental rights before someone else could gain them.

 

[TNHarley]

Yes but what would not happen with a heterosexual couple, where one is not the biological parent, is to have that persons parentl rights terminated. The judge clearly was out of line on that point

No, if the biological parent wanted rights, they would give it to him.
Unless there was an adoption or agreement. Neither of which apparently happened.

 

[TheProgressivePatriot]

I think you are reading too much "homophobia" into this story. This could have happened, and no doubt does happen, to men whose wives conceive babies via other men's sperm. She should have adopted the kid, if she was so concerned. It seems that she is more interested in standing in the way of the happiness of the biologically related family that has formed in the wake of the marriage that she destroyed.

No it does not happen, to men whose wives conceive babies via other men's sperm. Not this way. Sure, a sperm doner might sue for paternity in some cases, if the proper legal precautions were not taken. But the diviorce judge had NO authurity to order the name of of the non gestational parent removed from the birth cirtificate. Totally improper. The judge had no respect for their marital status or the presumption of parenthood that goes with it

 

[TheProgressivePatriot]

Here is advice that straight couples need just as much as gay couples, and have been getting wrong for decades: You have a baby with someone and you want to maintain the relationship with that kid? Great. Make the effort. Stay together, even if it takes compromise, and a lot of pride-swallowing. You don't have to fake a lovey-dovey relationship if those feelings have gone away. You also don't have to put on a show for the kid of how unhappy you are with your once-chosen life partner. Live together and be civil, until the kid is grown. That's the minimum you owe your child that you decided to have. Plenty of time to divorce and go looking for "strange" after the kids leave the house.

Thank you Ann Landers

 

[TheProgressivePatriot]

I don't know. Maybe it is time to stop listing two parents on birth certificates. People's birth certificates follow them for life. I work with student's whose birth certificates I have to see from time to time. A lot of my special ed kids have BC's that are blank for the "Father" line. They'll have to show that over and over in their adult lives.

Why?. There are major legal, and financial benefits and prtection from having 2 legal parents.

 

[TheProgressivePatriot]

Plus this gay marriage thing? It all the rage now, but what if it dies off like the Pet Rock? Then who will want to have "Adam and Steve" on their BC's?

Marriage equality is not going anywhere.

 

[Seymour Flops]

Why?. There are major legal, and financial benefits and prtection from having 2 legal parents.

Which babies with only one legal parent do not get.

I'm asking for equity.

 

[Seymour Flops]

Marriage equality is not going anywhere.

So, you care about equality or gay couples, but not for children.

 

[Seymour Flops]

Thank you Ann Landers

I know that taking responsibility for the emotional well-being of children is an anathema to liberals.

 

[Seymour Flops]

No it does not happen, to men whose wives conceive babies via other men's sperm. Not this way. Sure, a sperm doner might sue for paternity in some cases, if the proper legal precautions were not taken. But the diviorce judge had NO authurity to order the name of of the non gestational parent removed from the birth cirtificate. Totally improper. The judge had no respect for their marital status or the presumption of parenthood that goes with it

That's not true, but if you are convinced that it is, what's the problem? The judge's order will be over-ruled.

 

[TheProgressivePatriot]

Which babies with only one legal parent do not get.

I'm asking for equity.

Come on! THINK. A child spends years with two people who he/she regards as parents. Child is bonded to both biy only one is the legal parent. What if something happens to that legal parent? Child can be snatched away by a relative of the legal parent or the state. If they were both legal parents, the child would be able to stay without question and recieve social security surviors benefits