Tag Archives: adoption

And From the Olympics: The Language of Parentage

I confess I’ve been  following the Olympics pretty closely.   Imagine finding something in that coverage that fits so well here?   But here it is.

Apparently Simone Biles (do I need to explain that she is the finest gymnast on the US team, thought by some to be among the best ever?) was adopted by her maternal grandfather (Ron Biles)  and his wife (Nellie Biles) when she was young.   Her genetic mother (Ron Biles’ daughter) struggled with drug and alcohol issues.

There’s nothing secret about this, as far as I can tell.   in the article I linked to, Simone Biles is quoted as saying:

When I was younger, I was adopted by my grandparents, which are now my parents” ….. “I call them Mom and Dad. Everything’s just been so normal.”

But I guess not everyone is as clear about this as she is.   An NBC commentator said “They may be mom and dad but they are NOT her parents.”   Continue reading

Important NJ Case On Psychological Parent

I’m detouring from surrogacy to write about an important new decision from New Jersey.   The opinion, issued by the Appellate Division of the Superior Court, is here.   I’m going to take a bit of time to lay out the facts before discussing the issues raised and resolved.     Do note that the case is subject to further appeal in New Jersey as well as subsequent proceedings in the lower court should the appellate opinion stand.

KAF and FD were a lesbian couple.  They began living together in 1999.  They decided to have a child together.   They used sperm from a donor and Arthur was born in 2002.   They relationship did not thrive and in 2004 they split up.   However, unlike many lesbian couples who show up in court cases, they got along well enough afterwards and in 2005 FD adopted Arthur.   (She did so with KAF’s approval, which I’m quite sure was required.) Continue reading

A Small Twist On The Jason Patric Problem

A couple of days ago I blogged about the contested parentage case involving Jason Patric.  There’s been a bunch of discussion there and as I was reading through it I thought of an interesting variation on the problem.

To be clear, this has absolutely no basis in fact, as far as I know.   But since (as I pointed out before) we really don’t know the facts that seems fine to me.  Instead, a variation like this (what law professors generally call “hypothetical”) allows you to test you thinking about legal rules.  It allows you to see which facts would matter to you–and that in turn can lead to questions about why those facts matter.

With all that in mind, here’s the imaginative exercise.   Suppose they facts are as we know them–which is to say that there is disagreement between the parties about what exactly the plan was, but somehow the plan went forward.  Further, suppose that (as is the case) after the birth of the child the man played some role in his life.  (We can talk about what role if you like–but in the real case that’s a part of the contested facts, so I won’t lay it out here).     But now suppose that just before heading into court we learn that, through some terrible error, the sperm used to create the child was NOT Jason Patric’s.    Continue reading

France Says “Non” To Lesbian (Legal) CoParents

Just a few months ago the supreme court of Idaho–a state not generally seen as wildly progressive–affirmed that Idaho law allowed a lesbian to adopt the child she was raising with her partner.    Now France–a country often associated with expansive views–seems to be heading in the opposite direction.   A court there (albeit a lower court) just held that a lesbian cannot adopt the child she has been raising with her partner.

In both of these cases what the prospective adoptive mother wanted was to gain legal recognition for a relationship that already existed in fact.  This is not always what one seeks in adoption.  Sometimes the law brings relationships into being–as when a person who has not been functioning as a parent seeks to adopt a child and become that child’s parent.   But the law can also be called upon to grant legal recognition to existing relationships.  When it does so it protects and solidifies those relationships.   Continue reading

Michigan Court Strikes Marriage Restriction

I’ve only a moment but I wanted to post a quick update here.  A couple of weeks ago I was following the hearing in Michigan where the state bar on marriage for same-sex couples was being reviewed.   You’ll find a series of posts about the case, really for two reasons.

First, like many if not all of the marriage cases, the MI challenges was (in part) about marriage and children.   The plaintiffs were two women raising children.  Because they could not marry they could not adopt each other’s children–thus each child had only one legal parent.   The women initially challenged Michigan’s refusal to let them adopt each other’s children and did not seek to marry.   The judge suggested adding the question of whether the root problem was their inability to marry.  Continue reading

Update on UT/CO Unmarried Father Case

My thanks to TAO, who pointed me towards this story in a comment to the last post.   I had written about the case two years ago, but would surely have missed this chance to follow up on it.

I’ll leave folks to go back and read either the earlier post (I just linked to it) or the article for the facts.    They are rather long and complicated.   But the short of it is that Robert Manzanares is the genetic father of a six-year old girl who has been living with a Utah couple her entire life.   (The people raising her are actually the brother and sister-in-law of her genetic mother.)

Regular readers here will know that Utah is a state that is very hard on unmarried genetic fathers.    As a matter of policy the state would much rather have children raised by married couples.  Hence, it is easy for a woman to give birth and place a child for adoption in UT and it is hard for a man who is the genetic father of the child to stand claim a right to raise the child himself.    Continue reading

Michigan Trial Ends–Decision to Follow

You all know I’ve been following that trial in Michigan where a lesbian family brought a challenge to MI’s restriction on who can adopt.   The trial itself ended yesterday and now the matter rests with the judge.  An opinion is expected in a couple of weeks.

To recap briefly, MI only permits married couples to adopt jointly–which gives the adopted child two legal parents.   The plaintiffs in Michigan are two women (April DeBoer and Jayne Rowse) who are a longtime lesbian couple.   One woman has adopted two special needs children from foster care, the other has adopted one special needs child from foster care.    Each of the three children has one legal mother (and one non-legal mother–by which I mean a social/psychological mother who has no legal status.)

DeBoer and Rowse originally challenged the adoption restriction but the judge suggested broadening the challenge to include MI’s restriction on who can marry.  Continue reading