California, a state grappling with a wide
array of legal issues surrounding alternative families, has added one more to
the mix. A recent bill, SB1476, would allow children to be legally given more
than two parents.
As written, the bill would apply equally
to men and women, regardless of whether they were in homosexual or heterosexual
relationships. The bill’s sponsor, State Senator Mark Leno, D-San Francisco,
says that the bill is about bringing the state into the 21st century
and recognizing that complicated family situations exist. He says the state
must recognize that “there are more than ‘Ozzie and Harriet’ families today.”
The bill has already passed the state Senate and now awaits a vote in the state
Assembly.
Senator Leno said he first noticed a
problem with the legal system back in 2011 when he read about an appellate
court placing a girl in foster care after her legally married lesbian parents
were unable to care for her. The child was taken into state custody after one
of her mother’s was put in prison and the other was hospitalized. The court was
not allowed to appoint the girl’s biological father, with whom she had a
relationship, as a legal parent. Something that Leno believes would have
greatly benefited the welfare of the child.
The law would require that parents
qualify under all legal standards and agree on custody, visitation and child
support before a judge could divide up responsibilities. If California passes
such a law it won’t be alone, already Pennsylvania, Delaware, Maine and the
District of Columbia have laws on the books recognizing more than two parents.
The bill certainly has its detractors. Glenn
T. Stanton, from the group Focus on the Family, argues that though the bill appears
to advocate for children, it is actually a tool to allow adults to create what
he calls “radical families.” He says that children are best cared for by one
mother and one father and “this bill would only take us farther down the trail
of more ‘experimental families’ that fulfill adult desires, but consistently
fail our children.”
Senator Leno argues that a new law would
address more than just same-sex families, including situations where a man
raises a non-biological child with a woman, but the child also maintains a
relationship with the biological father. Other examples include a lesbian
couple who might want a male friend who provided the sperm for their child to
serve as a legal parent. Leno says it is in the best interest of the child to
have multiple parents capable of providing financial support, health insurance
and important benefits.
Some legal experts in California caution
that the law could have an unforeseen impact on an array of issues such as
wrongful death suits (which parents are able to file a claim) and tax
deductions.
If you find yourself facing the prospect
of divorce, contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
Source:
“My
Three Daddies: California Eyes Multiple Parenting Law,”
by Susan James, published at Yahoo.com.
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