Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Friday, May 13, 2011

I had my parenting orders granted

The folks who follow me and Larry on facebook already know about this... but this is here now for the girls (and it's a much more detailed explanation).

I didn't even realise that yesterday was Black Friday. As they say lucky for some - unlucky for others. I guess for me it was a lucky day!

I had my parenting orders granted by the Family Court (a Federal Court in Australia). In March this year Larry and I engaged a law firm to seek parenting orders that would in effect recognise me in the eyes of the law as the girls other parent. In very basic terms - it's like I've adopted the girls as my own children, except that we can't adopt here and also I think it's highly unusual for the children of one partner to be adopted by the other partner, even in heterosexual relationships. I could be wrong on this but of course I've never looked into it this side of it.

So a parenting order basically means that I have the ability to sign forms, authorise medical treatment and do everything that I need to do for the girls as a parent. That most parents tend to take for granted. All because I don't appear on the birth certificate. I think we're the second couple that has children through surrogacy in India to go through this. Yay, we're groundbreaking again...

For me this was probably more important than Larry as it gives me piece of mind that my authority as a parent cant be questioned and I have legitimacy as the girls father. It was an interesting process. About two months of working with the lawyers to get the paperwork together. The court appearance yesterday which was fun. It was interesting to hear the judge talk about sperm... but anyway! It was a reasonably short hearing - about 15 minutes in total and the judge was pretty cool. I was slightly nervous that there was going to be something that prevented the orders being granted which I know was foolish as it's a pretty straight-forward matter but there was just the concern that something... something... could go wrong. So the first thing she said was that she was going to put everyone out of their misery and that the orders were granted. I officially become the girls Daddy and I honestly can't tell you how that makes me feel - I teared up, so I'm basically this emotional wreck sitting behind the lawyer trying to not make it sound like I'm crying (my lawyer even admitted that she got a bit emotional about it all).

Larry had insisted that we include a family photo with the affidavit to make it all a bit more personal. And the last thing the judge said to was to go home and enjoy those beautiful daughters of ours! It was an amazing moment.

Peace,
Michael xo

Wednesday, September 1, 2010

Same-sex couples face injustice on adoption by Verity Firth

This was in the Sydney Morning Herald today and I'm just reposting it (lazy I know!)

Same-sex couples face injustice on adoption
Verity Firth
September 1, 2010

I recently met a family in my local electorate, Balmain. As in many
families, both parents work and go to playgroups and weekend sport. Their
cupboard is full of prepared gifts for the endless cycle of year 1 birthday
parties. They are expert in keeping the peace between their bossy daughter
and her baby brother.

The difference between this family and most others is the parents are gay.

Both men have the telltale bags under their eyes that come with juggling
work, raising two young children and trying to remember what a social life
was like. These are decent people who clearly have a deep love for their
kids and strong commitment to each other.

They came to talk to me about the inability of same-sex couples to adopt in
NSW. The issue affects their family directly. Despite raising children and
sharing their life together, only one is a legally recognised parent of
their children. The other has a parenting order, conferring many of the same
legal responsibilities, but there is no legal mechanism allowing his
parenthood to be properly recognised.

I left the meeting with two lasting impressions. The first was an easy
recipe for a bechamel cheese sauce to make recalcitrant four-year-olds eat
their veggies - which proved successful with my daughter. The second was a
deep sense of injustice about the existing adoption legislation.

Many arguments against same-sex adoption stem from a belief children have a
right to, or are best served by, a mother and a father. For most of us who
grew up with a mother and a father, perhaps this is an understandable
reaction. But it fails to acknowledge that many children grow up with single
parents or grandparents, in joint custody situations or with gay and lesbian
parents. When we deny these kids and their families legal rights, we are not
protecting children, we are punishing them for their family not resembling
the nuclear ''ideal''.

Research has repeatedly shown that kids growing up with gay parents are no
more likely to be gay, suffer from mental or physical illnesses or be
unfairly disadvantaged. In fact, one recent study suggested kids with two
mums were more likely to be well-adjusted and have higher self-esteem.

In 2008, I proudly supported the NSW government's recognition of lesbian
co-parents of children born through assisted reproductive technologies such
as IVF. The government has now removed every piece of discriminatory
legislation against lesbians, gay men and their families - other than the
Adoption Act.

The member for Sydney, Clover Moore, has introduced a bill to Parliament
seeking to remove adoption discrimination. I applaud her efforts. Both the
main parties have allowed their members a conscience vote on this, and it
looks like the vote will be close.

Adoption is not a right. Making same-sex couples eligible would not entitle
them to adopt children.

But reform would provide a mechanism for same-sex couples to have their
parenthood recognised, and to expand the pool of potential adoptive parents.
Currently, lesbian and gay step-parents and foster parents caring for
children across the state are unable to formalise that relationship.
Allowing adoption would provide these children with the legal and emotional
certainty of two legally recognised parents able to make medical decisions,
sign notes for school and ensure the children were protected if one parent
died.

Adoption equality is not just about substantive rights and legal
protections. Removing discrimination is about respecting human dignity and
ensuring everyone has the best possible opportunities in life, regardless of
their sexuality or that of their parents.

I was about 14 when it dawned on me that everyone should be free to love
whoever they fall in love with, and that a civilised society would never
stand in the way of something as giving and fundamentally human as this.

It is my firm belief same-sex couples and their children should have all the
same rights, responsibilities and protections as heterosexual couples and
their families. Discrimination on the basis of sexuality is completely
unsupported by any evidence, and more importantly is unjust.

I am proud to be supporting Moore's bill to remove the last piece of
discrimination against same-sex couples and their families. I look forward
to a day soon when unjust discrimination is a thing of the past.

Verity Firth is the NSW Labor state Minister for Education.