Every Mother's Child, What (Two-Mom) Families Can Do to Obtain Full Parental Rights in Colorado
By Barbara Lavender, Weird Sisters West, September 2003
There comes a point, for some lucky lovers, when you know you're
solid--you're going to be together a long, loving time. Some then
start wanting to expand their relationship with the addition of
children. These days, there are many ways to bring children into a
lesbian relationship, and turn it into a "2-mommies" family. We've
got:
Basic artificial insemination (AI), where one partner
gets pregnant with donated sperm, from either an
anonymous donor or a known donor who signs an
agreement in which he waives all legal relationship
with the child;
The gamete inter-fallopian transfer (GIFT) procedure,
where an ovum from one partner is implanted in the
other partner and inseminated, also with donated
sperm, making one of the partners the genetic parent,
and the other partner the gestational parent, who
carries and gives birth;
The in vitro (IV) fertilization procedure, where an
ovum is fertilized outside the body and then
implanted, which can involve any of the sperm donor
options, and either the ovum of the gestational
mother, the ovum of her partner, or a donor ovum;
Adoption, either foreign or domestic, through which
only one of the partners can become the child's legal
parent.
These children are carefully and thoroughly chosen and come into
their families through much effort and expense on the part of both of
their parents. They get the enviable privilege of having two
mommies.
But the job of parenting is doubly hard for lesbian parents. Sadly,
the concept of "family values" is narrowly defined to exclude them.
All of the basics that are provided by society to protect
heterosexual families are withheld from them. They are required to
take extra measures to ensure that their children's relationships
with both mothers is acknowledged.
Fortunately, in Colorado, it is possible now to have both mothers
included on their children's birth certificates. This means that if
the "legal" parent dies, the child is not orphaned or removed from
its surviving mother - a possibility even if there is a Last Will
appointing her as guardian. It means both parents can take the child
to the doctor and enroll the child in school, without a special power
of attorney that must be renewed every six months. If one mom goes
to her daughter's basketball game while the "legal" mom is at work, it
can be vital for her to be empowered to get medical care for her if
she gets injured. Full parental rights for both moms also means
either parent can get health insurance coverage for their child, the
child can inherit and get Social Security benefits through both
mothers. And, if the partners ever separate, the child's
relationship with both of its mothers will be protected.
The Colorado Registrar of Births tried to stop these families from
being protected, and failed. Some Colorado legislators introduced a
bill to stop these cases, and failed. So far, it's 2-mommies - 2,
and State of Colorado - 0! So keep on loving, bringing children
into your love, and make sure your own family values are protected.
My practice includes the full range of family law services, including prenuptial and antenuptial agreements, all aspects of divorce, allocation of parental responsibilities (formerly known as custody), step-parent adoptions, grandparent rights, and estate planning. I also provide family law and estate planning services to gays and lesbians, including parental rights (for couples residing anywhere in Colorado), allocation of parental rights, sperm donor agreements, surrogacy agreements, gay and lesbian "divorce," domestic partnership agreements, wills, trusts, and powers of attorney.