Friday, February 7, 2014

7QT The Rights of Children to Kinship

More Quick Takes at Jen's Conversion Story

1. Nice Commentary from the Boston Globe on the UN's response to the Vatican on UNCRC
"Analysis: By wading into culture wars, UN may muddy its message on child protection "
The United States has not ratified the UNCRC, themselves.

2. From the UNCRC
"The Convention acknowledges that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated."
3. In Massachusetts children ONLY have this right, if they are naturally conceived. If paternity is in questioned, their can be a petition within out courts EXCEPT if your are conceived by contract with an sperm/egg/surrogacy.

Paternity establishment means more than having a father on the child’s birth certificate or obtaining an order for child support. Once paternity is established, a child gains legal rights and privileges. Other benefits of establishing paternity include:

giving the child rights to inheritance
access to the father’s medical and life insurance benefits
eligibility for social security and veteran’s benefits
giving the child a better chance to develop a relationship with the father
giving the child a sense of identity and connection to both sides of the family

4. It sounds like a 'no brainer' considering that paternity is still assumed within marriage, that the basic function of the government acknowledge the concept of marriage was to encourage parental involvement. Because children have the right to both parents. Straightforward and objective. Right? No.

5.If marriage within public policy meant marriage was about heterosexual behavior that lead to the needs of children, then marriage was distinctively heterosexual in nature. Everyone has a mom and dad. If we didn't, then why are their paternity tests? And for about a decade now, our culture has tried to shame anyone who acknowledges this as an ignorant hateful bigot if we try to connect the needs of the child to the concept of marriage.

6. But tens plus years after Goodridge, even Massachusetts laws know heterosexual and homosexual relationships can not be treated the same. Here is a listing from MCLE on Family Law products.

7. We say they're equal only in the most superficial sense, but we treat them differently. Not out of hate, but out of reality.

Obviously paternity tests can not be applied to a lesbian couple. Neither of them can be the father, or even a legal father. In fairness paternity tests can not be used by a heterosexual couple/woman who uses sperm donation as well. It isn't equal application of the law, that to this day Massachusetts can't avoid the objectivity that a child has a mom and dad, what we have is an exception in which if a child is conceived by contract the child loses these rights.

I think it is really unfair that parents seeking this solution think of themselves and not what their children will think. It is a normal reaction for a person to want to know where they come from. Ancestry, medical history, etc. The half of me that I took for granted I knew all along was wrong. I have been calling the hospital she went to, calling doctors that could possible be hers, etc and it's like pulling teeth to get info that should be readily available. Frankly, it's unacceptable. If theres any medical records that SHOULD be kept, I think information of donors is one of them. Unfortunately, I'm going to spend a lot of money on a private detective to get information that should be available to me as my birthright.


  1. Whoa, hold on there one minute. You mean there are two sexes required to make a baby? I thought it was all about love!

    1. Never mind that marriage rates are at historic lows.

      We're not going to magically increase rates by even 10%. But we could increase by 1 or 2% a year.

      We keep talking about marriage equality, but has anyone notice no one even gets married anymore?

      The news does report it, but at a social level no one is really that concerned that more and more children do not have a full relationship with their mom and dad.

  2. It is rank hypocrisy for the UN to be going after child abuse, given how UN Peace Keepers keep showing up having abused and molested children while on mission.  Not that we should withdraw from the UN.  It is a WPA like project.

    Regards  —  Cliff

    1. I don't have a problem with them going after child abuse, I wish they did. Instead they exploited past child abuse with their own agenda.