Monday, July 13, 2009

Homosexuality and Contracting for Children

Absent natural procreation, homosexual relationships lead to a variety of convoluted "parenting"

Utah court ruling preserving traditional parental rights fuels the politically-correct drive toward same-sex marriage

-- From "Helpless, as ex rips boy away" by Rosemary Winters, The Salt Lake Tribune 7/10/2009

Gena Edvalson tried for years to be a mom. So when her partner of six years, Jana Dickson, became pregnant through artificial insemination and gave birth to a boy in March 2006, nothing brought her "instantly more joy."

And nothing brought Edvalson more pain than a recent court ruling depriving her of a chance to even visit the child.

But the two split up when the boy was 17 months old and last week, after a yearlong legal fight, Edvalson was cut off from any contact with the 3-year-old she loves as a son. A 3rd District judge, citing a 2008 Utah law, upheld Dickson's "fundamental" right, as the biological parent, to refuse visitation.

The case highlights the predicament of same-sex parents in Utah, a state where gay and lesbian couples cannot marry, adopt children or even expect their own contracts for shared parenting and guardianship to stand in court.

Such documents did not protect Edvalson, who signed co-parenting and co-guardianship agreements with Dickson near the time the baby was born.

Her advice for other same-sex couples: Don't have kids unless you have the legal protection of an adoption (something you cannot get in Utah).

To read the entire article above, CLICK HERE.

From "Contract or not, lesbian can't be 'mommy'" by Drew Zahn © 2009 WorldNetDaily 7/11/09

In 2006, Gena-Louise Edvalson entered into a "contract" with her lover, Jana Dickson, to co-parent her partner's newborn son. But after the relationship ended, Edvalson sued Dickson, who is now married to a man, demanding the mother honor the contract and grant her former partner parental standing in the boy's life.

Judge Leon Anthony Dever of Utah's Third District Court, however, voided the contract and dismissed the lawsuit, arguing "parents retain the fundamental right to exercise the primary control over the care and supervision of their children."

"The fundamental rights of parents to raise children the way they see fit should not be threatened by the wishes and desires of a legal stranger," said [Frank D. Mylar, Alliance Defense Fund] in a statement. "The court correctly ruled that this little boy's right to his mother under state law is of far greater value than the wishes of someone who has no legal relationship to the child."

The judge's ruling came in spite of the "parenting plan" for co-guardianship that the two women had signed.

Judge Dever [wrote], "The Utah Supreme Court has held that contracts that offend public policy are void. ... Therefore, while people are generally free to bind themselves to any contract, those contracts which are contrary to public policy are illegal."

Mylar explained, "There has always been a legal concept that certain contracts are illegal and void, where no court will be party to enforcing such an agreement. If a person had a contract, for example, to conduct illegal activity, the contract is void. He or she shouldn't be held to it.

"Since both Utah law and the U.S. Constitution clearly protect the rights of parents to raise their children as they see fit," Mylar told WND, "it stands that you can't just 'bargain away' those constitutionally protected parental rights, because to be able to do so is not in the best interest of the child."

To read the entire article above, CLICK HERE.