29 January 2014

Judge: "A same-sex marriage remains somehow insufficient to establish a parent-child relationship"

The legal reality of same-sex "marriages" in some states of the Union has created no small number of legal questions and curiosities, not the least of which is the status of children born through in vitro fertilization to same-sex couples, as highlighted yesterday in the New York Times.

When two women who are legally "married" in the state of New York approached the court to adopt a child, Judge Margarita López Torres said their was no reason for the two women to legally adopt the child because both of their names already appear on the birth certificate.

In her ruling, the judge noted that "a same-sex marriage remains somehow insufficient to establish a parent-child relationship."  That insufficiency couldn't be biological, could it?

The ruling has raised concerns among gay rights activists about the status of children of same-sex couples who might move to other states where such "marriages" are not legally recognized.

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