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View Diary: Gays can marry legally in Iowa--but can't get birth certificates for children (21 comments)

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  •  The adoption shouldn't be a big deal (2+ / 0-)
    Recommended by:
    bythesea, irishwitch

    in most states a related adoption (one in which the child is already related to one or both of the adoptive parents) is much quicker than an unrelated adoption. But once the interlocutory order has been entered, pretty much everything has fallen into place.

    The question is whether non same-sex couples who produce a child, for example, using a surrogate are subject to the same process.  I highly suspect that they are.

    And the adoption process is important because it may preserve for the child access to medical or other family history through the non-partner bioparent.  The child may want, or need, that information someday.  

    If I guess right, this is about the Iowa vital records laws, and not about the sex of the parents.

    If you think you're too small to be effective, you've never been in the dark with a mosquito.

    by marykk on Tue Mar 05, 2013 at 05:01:13 PM PST

    •  I'm betting it's about the sex of the parents. (0+ / 0-)

      There's no other logical reason--or even an illogical one.  The parents are married. The non-bio parent shouldn't have to adopt as a step-parent.

      The last time we mixed religion and politics people got burned at the stake.

      by irishwitch on Tue Mar 05, 2013 at 06:17:00 PM PST

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      •  There may well be a logical reason (0+ / 0-)

        depending how Iowa law defines "parent" "mother" and "father."  I haven't studied Iowa so all I can do is venture a guess.  In Illinois, which is, I believe, still debating its gay marriage law, there is a specific provision dealing with vital records for a child born as a result of assisted reproduction.  But Illinois is in a tiny minority in this area.  It was also one of the very first states to permit adoption by a same sex couple, and has been certificating those kids for probably twenty years.

        If you think you're too small to be effective, you've never been in the dark with a mosquito.

        by marykk on Tue Mar 05, 2013 at 06:23:30 PM PST

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        •  If it had been a stright couple (0+ / 0-)

          the presumption would have been that the man was the father. And in this case, judges decided to allow same sex marriage--I wouldn't be surprised to find a number of conservative Iowans dislike it and are doing whatever they can to make life difficult for same sex couples.  It's not the law I worry about--but the motives for enforcing it.  KInda like the old Catholic biddy who was the clerk of the court in upstate NY who was refusing to issue licenses to gay couples? She finally resigned. I am willing to hope the court will tell them to fix this--if theya re married, BOTH parents should ahve their name on the birth certificate. I am hoping the law hasn't come up to relaity, but I can STILL see some idiots behaving liek the old biddy untils omeone squashes them

          The last time we mixed religion and politics people got burned at the stake.

          by irishwitch on Tue Mar 05, 2013 at 08:30:42 PM PST

          [ Parent ]

          •  If it's reached this stage, (1+ / 0-)
            Recommended by:
            irishwitch

            It's been vetted by the AG.  No individual clerk is driving the bus.

            If you think you're too small to be effective, you've never been in the dark with a mosquito.

            by marykk on Wed Mar 06, 2013 at 05:03:38 AM PST

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            •  MAYBE. (0+ / 0-)

              Then the law is an ass, and it needs changing.  I suspect the court is how it will have to be changed.

              Never underestimate the power of the bigots.

              The last time we mixed religion and politics people got burned at the stake.

              by irishwitch on Wed Mar 06, 2013 at 12:18:28 PM PST

              [ Parent ]

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