Tag Archives: functional parent

New York Plays Catch-Up For Lesbian (and Other?) Families

This fall I’m finding it hard to write during the week while I’m teaching, but since it is now the weekend, there are no excuses.   And since it is a long weekend, maybe I can even get TWO posts out.  We shall see.   But in any event, there’s current events to discuss.

For many years now (Could it be 25?) New York families–and particularly New York lesbian families–have had to organize their lives around a narrow and inflexible view of who counts as a legal parent.  That was the result of an (in)famous case known as Alison D. v. Virginia M.    I’ve written about it many times in the past as you can see from this link.

Alison D dealt with a situation which is regrettably common:  A lesbian couple decides to have a child together.  One woman (call her “D” gets pregnant and gives birth.  As planned, they parent the child together.  At some point the women split up and, using the law, the woman who gives birth (that’s D, remember?)  attempts to excise her former partner (let’s call her P) from the child’s life.  This even though P is the child’s psychological/social parent. Continue reading

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Father Of Multitudes?: Thai Surrogacy and More

There’s a story from a few weeks ago that I’ve been thinking about.   A young Japanese man, Mitsutoki Shigeta, hired a series of Thai surrogates.  He became a genetic father to at least 16 children this way, spending something like $500,000.   While is motives remain obscure, he apparently wanted to continue at something like this pace for as long as he could, presumably creating hundreds of children.

Now the obvious thing to talk about here–and one that has gotten a lot of attention–is what this says about the Thai surrogacy industry or surrogacy more generally.   Surely there is a lot to think about.   But I am not going to add to the welter of comments on that topic you can already find.

I want to think about this more broadly.   Continue reading

New Case on Genetic and Gestational Lesbian Mothers in the UK

First off, thanks to Natalie Gamble and Bill Singer for pointing me towards this case.   It’s actually a nice complement to the Jason Patric case, which has been the focus of a lot of recent discussion here.

A lesbian couple in the UK wanted to have children.   One woman provided eggs.  (She’s the genetic mother.)  These were fertilized in vitro and the resulting embryos were transferred to the other woman’s uterus.   (She’s the gestational mother.)  The gestational mother gave birth to twins.

Both women cared for the children with the genetic mother assuming the role of stay-at-home mom.   As some point one of the earlier-created embryos was transferred to the uterus of the genetic mother and a third child was born.   (The third child is a full genetic sibling to the twins.) Continue reading

The Broader Implications of the Patric Case

There’s  a lot of discussion (some parts of it more relevant than others, some parts of it more temperate than others) about the Jason Patric case–both here and out there in the world.   (I do not really mean to suggest that you should read the 152 comments (a number of which are mine) on my post.  That’s way over the top, as far as I’m concerned, and it’s part of the reason for starting with a new post.)

Anyway, I’ll remind you a bit about the case and what I think of it, but then move on to some broader observations.  Patric provided sperm used to impregnant Schneider.   Patric and Schneider had been a couple and had tried to conceive a child via sex.  But that hadn’t worked–either the couple part or the conception part.   I think it is agreed that by the time they were doing insemination they were not a couple.  (If’ I’m wrong, by all means correct me.)

Schneider gave birth to Gus.   Patric played some role in Gus’ life.  (The details of what role are surely in dispute.)  Patric wanted legal recognition as a parent.   Continue reading

Jason Patric May Be A Father–And Here’s Why

As you may have read elsewhere, the appellate court in California has ruled on the parentage case brought by Jason Patric.  (You can get to the opinion from this page if you look under opinions issued on May 14.).  The papers paint this as a victory for Patric, which is correct, but they also (at least the headlines I’ve seen) get the details wrong.

I’ve written about this case before and it’s certainly gotten it’s share of media coverage.  I won’t recite the facts (which are sharply contested) in any detail, but it’s interesting and important to read the facts as recited by the court.  Critically, Patric provided sperm for the insemination of Danielle Schreiber.   The pregnancy resulted from insemination.   And after the birth of the child (Gabe) Patric developed a social/psychological relationship with Gus.   (This very barebones version of the facts may actually be consistent with both sides’ versions.)

So the court said several important  things.  First, the fact that Patric provided the sperm doesn’t make him a parent.   It also doesn’t give him the right to establish any particular relationship with the child.   (That’s footnote 10 and is a point that Patric conceded.).

Second, the fact that Patric provided sperm doesn’t preclude him from using California law that would be available to anyone else 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

Is Jason Patric A Dad, A Donor or Both?

I know that the parentage case involving Jason Patric and Danielle Schreiber has been all over the web for a long time but as it has finally arrived in the NYT, I thought I might as well take the time to comment.  I don’t think I can begin to summarize the facts, so for starters I’d suggest you go and read the article.   (I’m going to work off the facts as reported there.)

One thing to note at the outset is that many of the facts are disputed.  I don’t pretend to have any special knowledge of the facts.  Thus, I do not know about what did or did not happen.  For instance, I do not know why Jason Patric was the one who took Gus to be circumcised when Gus was eight-days old.   But there do seem to be a bunch of things that there is agreement about.   Jason Patric is the genetic father of Gus.  Continue reading