SAN FRANCISCO — Several associates of the California Supreme Cloister appeared affectionate Tuesday to arguments that gay men and s who rear their partners’ accouchement as their own afterwards adopting them should accept affectionate rights and obligations.
In a crowded, televised hearing, the cloister advised three cases involving disputes amid conflicting mates over children. The cases are acceptable to set the rules on adolescent support, aegis and appearance rights for bags of gay couples who breach up afterwards accepting children.
A new accompaniment calm affiliation law that took aftereffect this year gave affectionate rights to both ally in same- couples who are registered with the state.
But that law does not awning the accouchement of couples who breach up afore this year. Neither does it awning the accouchement of couples who abort to register. Alone a third of the about 100,000 gay and couples in California are registered with the state, according to the National Center for Lesbian Rights.
Without acutely advertence how they would vote on the cases, the justices empiric again that official accompaniment action advantaged two-parent families.
Justice Ming W. Chin, one of the added bourgeois associates of the court, said the s who were gluttonous affectionate rights in two cases, and the woman who had banned to pay adolescent abutment in the other, were parents in about every way afore the couples bankrupt up.
In the adolescent abutment case, Chin said, both women -fed anniversary other’s babies, and one declared her partner’s twins as able-bodied as her own bearing adolescent as audience on tax forms and beneficiaries of her activity insurance.
“What is that alpha to complete like to you?” Chin asked a advocate for a Northern California woman articular alone as Elisa B., who contends that she should not accept to pay adolescent abutment for her above partner’s twins.
But Chin and his colleagues additionally wondered aloud how they should adapt accompaniment ancestor laws that accredit to men and women afterwards because the achievability of same- couples.
“Do we accept to carbon those statutes?” Chin asked.
Justice Kathryn Mickle Werdegar acicular out that some of the laws were accounting at a time aback changeable technology was still in its adolescence and today’s bearing arrange could not accept been contemplated.
Justice Janice Rogers Brown, President Bush’s arguable appointee for a federal ambit cloister in Washington D.C., bidding affair that giving s affectionate rights to their partners’ bearing accouchement ability accept abrupt and abominable after-effects for heteroual couples.
Could the cases “open up a lot of possibilities for advance on affectionate roles” by bodies who are about strangers? she asked.
In the adolescent abutment case, two women lived calm in El Dorado County, became abundant application the aforementioned berry donor and again reared the accouchement together. One of the woman formed to abutment the family, the added backward at home.
After they breach up, the woman who backward at home approved to aggregate abundance for her twins, one of whom has a affection birthmark and Down syndrome.
The El Dorado County amusing casework bureau went to cloister to force the woman’s above accomplice to abutment the twins. Accompaniment Atty. Gen. Bill Lockyer’s appointment has additionally argued that the woman should pay adolescent support.
Among the acknowledged questions the cloister charge acknowledgment in free ancestor are whether the women advised to be the parents of the accouchement afore bearing and whether they afterwards represented the accouchement as their own.
Justice Marvin Baxter said it was bright that both women in the adolescent abutment case were the accepted parents of the children.
“I don’t see any way about that,” he said. “The catechism is: What happens afterwards that?”
In the additional case heard by the court, a woman articular as K.M. donated her eggs to her above partner, E.G., who got abundant with donated semen. The women reared the accompanying girls calm in Marin County for bristles years.
After they bankrupt up, two lower courts denied K.M. affectionate cachet primarily on the area that she had waived her rights aback she had active a accepted anatomy at the hospital for altruistic her eggs. Two justices adumbrated Tuesday that the anatomy ability access how the cloister absitively the case.
“It’s important that we accept this form,” said Justice Joyce L. Kennard.
Attorney Diana E. Richmond, who represents the bearing mother, said her applicant insisted from the alpha of the accord that she would be the alone acknowledged ancestor and would accede acceptance by K.M. alone if the women’s accord remained able into the future.
Jill Hersh, a advocate for K.M., argued that her applicant never advised to abandon parenthood but had to assurance the abandonment in adjustment to accept her eggs removed for her partner.
Hersh said that the women were registered as calm ally in San Francisco and that K.M. took the girls to the doctor, active for their inoculations, performed the caliginosity feedings aback E.G. went aback to assignment and helped pay the girls’ expenses.
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