Skip to main content

In north Texas, a family court judge ruled that two fathers cannot add their names to their own biological children's birth certificates. The legally married couple, Jason Hanna and Joe Riggs, each fathered one twin boy via surrogate—and they've even proved this with DNA tests.

Despite the tests, the Texas judge has not only refused to allow both Jason and Joe's names on the birth certificates—neither of them is listed as a parent at all.

"On one hand, it's a little scary because as of right now, we don't have full parental rights of our own biological children,” said Hanna.

"Actually, I think that's what surprised me the most was a family court,” said Riggs. “I guess I expected them to be looking out for the best interest of our kids, and I felt we walked out that day and it wasn't in the best interest of our kids."

Although DOMA was overruled in the U.S. Supreme Court, same-sex marriages aren't recognized in Texas. Judges can interpret family law differently. With neither of their names listed as parents, the couple fears their newborn sons could be taken away from them.
The birth certificate currently lists the surrogate as the children's parent. Jason and Joe are awaiting the next step in the legal process.
“Without [co-adoption], if something happened to either me or Joe we don’t have any legal recourse to keep the other’s biological child,” Hanna said. “The state could come in and separate these two brothers.”

He added: “We want to reiterate how important it is for a state to recognize each family, whether it’s same-sex or opposite-sex, and really to ensure everyone has equal protection from the state.”

The judge wouldn't give specific reasons for denying the adoption, but assured KDFW News she "strictly follows the law."

Originally posted to FaithGardner on Fri Jun 20, 2014 at 12:37 PM PDT.

Also republished by Kossacks for Marriage Equality.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site