A north Texas gay couple wanted to experience the joys of fatherhood with the approach of Father’s Day this year. But their joys turned to sadness as a judge denied their petition to adopt two baby boys.
The infants are each biologically related to the couple, having been born through a surrogate mother. Since Texas does not recognize gay marriage, they were denied the right to be fathers to their own children.
The judge handing down the decision has indicated she is adhering to the letter of the law and takes issue with the way the petition is worded. The law states two men cannot be on the same birth certificate, so the couple had petitioned to have the surrogate mother removed and to continue to second-parent adoption. Their entire petition was rejected.
Until the state of Texas recognizes same sex marriage, they will continue to have problems adopting. Married in Washington D.C., the couple is saddened they cannot be recognized as parents of their own biological children.
The couple states they want the same rights as heterosexual parents. Although same sex marriage has been accepted in many states, legal advisors say the law in the state of Texas has been slow to catch up with such rapid changes. Family law is interpreted differently by different judges in the state, and for the time being, decisions regarding parenting are up to the discretion of the courts.
One spouse of the couple in this case feels the role of the court should be to uphold the best interests of the child. But the reality is that until the couple is recognized as married in the state, their rights are compromised.
If you live in Texas and have had issues with discretionary interpretation of family law, it is in the best of you and your loved ones to seek help with regards to parenting, surrogacy and adoption guidelines. You need the dedication and commitment of a legal representative who can advocate for your rights, cultivating a strong relationship aimed at securing your best interests within the parameters of the law.