Same-Sex Parents and Their Struggle with Adoption Essay

Same-Sex Parents and Their Struggle with Adoption Essay

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The California UPA has a unique function, which allows a mother to establish parenthood through the provision that fathers use to establish paternity. The California Supreme Court recognized that the Court of Appeal made an error, by ruling, “California law recognizes only one natural mother”, in interpreting a statement from a prior California Supreme Court ruling in Johnson v. Calvert. The Attorney General, representing “the public interest in establishing, modifying, and enforcing support obligations,” contended that the statement from Johnson, cannot be used to deny children of same-sex parents the benefits that children of opposite-sex couples receive when only two parties are entitled to parentage. California’s enactment of the UPA provides “insofar as practicable,” the provision used to establish fatherhood can also establish motherhood. California acknowledges that a man can establish fatherhood by living with the child and holding the child out as his own. The provision applies to gay and lesbian parents as well, providing protection of their parental rights.
California’s enactment of the UPA lays some of the framework in providing protections for gay and lesbian parents. In Elisa B. v. Superior Court, the court held the former lesbian partner was a parent under the UPA and recognized her obligation to support the children, through child support. The court reasoned that the she supported the artificial insemination, she received and held the children out as her own, and she supported her former family after the couple separated. Furthermore, the court reasons that this, like others, is not a case to rebut paternity because doing so would leave the children without the benefit and support of their second parent....


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...y and Visitation Rights and Child Support Obligations of De Facto Parents, Lesbian, Gay, Bisexual, and Transgender Family Law § 7:14, Dec. 2013.
ALI Principles § 2.03 (b) (2000).

Miller, quoting rule 1401 (a)(8)of the Juvenile Court Rules of the California Rules of Court.
In re Guardianship of Z.C.W., 84 Cal.Rptr.2d 48,
See In re Guardianship of Z.C.W., 84 Cal.Rptr.2d 48 (Ct. App. 1999) (holding a lesbian parent is not entitled to custody of a child conceived during a same-sex relationship); Curiale v. Reagan, 272 Cal. Rptr. 520 (Ct. App. 1990) (holding that a non-parent had no standing to seek custody against a child’s natural parent.)
William Reppy, Jr. & Cynthia Samuel
Id.
Id.
Id.
Palazzo v. Mire
Leitsinger
Alan Duke. Hawaii to become 16th state to legalize same-sex marriage. http://www.cnn.com/2013/11/12/us/hawaii-same-sex-marriage/

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