DC folks

2brides

How cool is this?

 NEW LAW PROTECTS CHILDREN BORN TO SAME-SEX PARENTS IN THE DISTRICT OF COLUMBIA

(Washington, DC, July 21, 2009) ? The National Center for Lesbian Rights (NCLR), Gay and Lesbian Activists Alliance of Washington (GLAA), and American University law professor Nancy Polikoff applaud the enactment of a new law to protect children born to same-sex parents in the District of Columbia. Councilmember Phil Mendelson was the principal sponsor of the measure known as Bill 18-66, the Domestic Partnership Judicial Determination of Parentage Act of 2009.

The new law, which took effect on July 18, 2009, provides that when a woman bears a child conceived by artificial insemination, and her spouse or unmarried partner consents in writing to the insemination, the consenting spouse or partner is a legal parent. That person's name will appear as a parent on the child's birth certificate. With the enactment of this measure, the District has become the first jurisdiction in the country to enact a statute specifically providing children born through artificial insemination with two legal parents from the beginning even when those parents are a same-sex or different-sex unmarried couple. A similar law goes into effect January 1, 2010 in New Mexico. Such a provision was recommended in a model law adopted by the American Bar Association last year.

In a separate provision, the new law also establishes that when a woman in a registered domestic partnership bears a child, her domestic partner is the presumed parent of the child and the partner's name will appear on the child's birth certificate. An identical presumption is in effect in the nine other states that currently allow same-sex couples to marry or enter into civil unions or comprehensive domestic partnerships.

The Department of Vital Records is preparing a consent form that, when signed by both women, will result in placing the names of both parents on the child's birth certificate.

Until now, a mother's same-sex partner in the District of Columbia could become a child's parent only through the lengthy, and often expensive, adoption process. The first such adoption was granted in the District of Columbia in 1991. In 1995, the D.C. Court of Appeals approved the practice. It also approved the ability of same-sex couples to jointly adopt children. Numerous states allow such adoptions, while a handful of states ban them.

"A mother should not have to adopt her own child," said Nancy Polikoff, Professor of Law at American University Washington College of Law who helped draft the measure along with NCLR. "When a heterosexual married couple uses artificial insemination to have a child, the husband does not have to adopt the child born to his wife. He is the child's legal parent automatically. Now the child of a lesbian couple will have the same economic and emotional security accorded the children of heterosexual married couples who use artificial insemination."

"By establishing legal ties for families from the moment a child is born, this law provides same-sex parents and their children with much needed security and stability," said Shannon Minter, NCLR's legal director. "The D.C. Council deserves enormous credit for its leadership in updating the law to recognize the true diversity of families in our nation's capital."

"GLAA thanks the members of the D.C. Council for their unanimous support for this law to protect our families," said Rick Rosendall, Vice President for Political Affairs of the Gay and Lesbian Activists Alliance. "We are especially grateful to Councilmember Phil Mendelson for shepherding the bill through to passage and to his staff for their meticulous work."

Because the District bans surrogacy, this measure does not affect the legal status of the partner or spouse of a gay man who has a biological child born in another jurisdiction using a surrogate mother. Under existing District law, the partner can adopt the child. The partner may also have some legal rights and obligations as the child's de facto parent.

"This is an extremely important law for same-sex parents and their families. It will go a long way towards establishing and protecting the rights of children in the District of Columbia," said Bob Summersgill, a longtime lesbian, gay, bisexual, and transgender (LGBT) rights advocate who advocated for the bill. "I am sure that it will be viewed as model legislation for the rest of the country. I am very grateful for Councilmember Phil Mendelson's hard work and the dedication of his staff in perfecting a very complicated and technical bill."

"LGBT family law is complex, especially because the laws vary so much from state to state," said Professor Polikoff. "A same-sex couple planning a child is always well advised to consult a knowledgeable lawyer about how best to protect their family unit."

Councilmember Phil Mendelson was the principal sponsor of the measure, which received unanimous support from all 13 members of the D.C. Council from introduction through passage. Mayor Adrian Fenty signed the measure in May. The law went into effect on July 18, 2009.

madisonpeas

oh boy is that awesome....

thiswillbe

Wow, that is great! I wonder if it is only for DC residents who give birth in DC, or if it would also be granted to residents of other states (e.g. MD, VA) who give birth in DC. I'm also curious to see if they will let people retroactively sign the consent forms, or if they are going to have to be signed prior to the insemination.

In any case, a great step in the right direction!!

leapgirl8

This is amazing, and I heard nothing about it locally. Thanks!!!

2brides

An attorney on DC Rainbow families says that a 2nd parent still needs to be done - but it is very cool!

 Here is what he says

This is a great new law --- sort of.

The problem is that even though the spouse's name will appear on the
child's birth certificate, other states have no obligation to recognize
the spouse as the second parent. And if someone moves to such a state, it becomes impossible to fix the problem.

Each state honors the actions taken by other states (such as information
on a birth certificate) as a matter of comity. Comity refers to the
principle that one jurisdiction will recognize the validity of another
jurisdiction's executive acts as a matter of courtesy.

Actions taken by a COURT, on the other hand, are subject to the Full
Faith & Credit Clause of the U.S. Constitution. That provision requires
states to honor judicial determinations of other states. Therefore, when
you perform a second-parent adoption, that Judgment (and the birth
certificate that is created as a result) is subject to Full Faith &
Credit. You are far, far, far safer.

It is also worth noting that as to some of what this law does, it only
creates a presumption of parenthood.

So this is a great new law, and a wonderful attempt to extend benefits
to same-sex couples to the fullest extent possible. I am so happy that
people worked hard to bring it about. But to the extent that it causes
people to misunderstand the risk that they face, it is very worrisome.
We lawyers are the ones who really see the cases of people calling us
asking for help solving these problems --- I'm not just being a chicken
little when I talk about this.

Second parent adoptions are not cheap, to be sure, but they also are not
awfully expensive (depending, I suppose, on which lawyer you use). It is
well worth doing despite the new law.

-Micah Salb
LIPPMAN, SEMSKER & SALB, LLC

 

berriesnpie

Thanks for posting this...and the feedback from Rainbow Families. I also hadn't heard anything about this and was in need of some good news.