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April 16, 2009

To safeguard parental rights under federal and state laws that won't recognize same-sex marriage, judge grants adoption to child's genetic mother

A New York judge has granted an adoption petition filed on behalf of a woman whose donated egg was fertilized and then implanted in her same-sex partner.  The New York Law Journal reports that although the couple's Dutch marriage is recognized by New York and the donor's genetic relationship to the 15-month-old boy is "unquestioned," the donor filed for adoption in order to safeguard her parental rights under federal law and in the states that do not recognize the same-sex marriage. The judge wrote that although adoption should be unnecessary because the child "was born to parents whose marriage is legally recognized in this state, the best interests of this child require a judgment that will ensure recognition of both Ingrid and Mona as his legal parents throughout the entire United States."

-SS

April 16, 2009 | Permalink

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