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Lesbian not required to pay child support
posted by Adam on 11:46 AM August 25th, 2004
Inequality CJ writes "MA Supreme Court has a history of contradictory and odd rulings. In this case a woman who agreed to have a child with her lesbian partner cannot be forced to pay child support, the state's highest court ruled Wednesday. Because the defendant is not a parent under any of the statutory provisions enacted to establish parenthood, she has no duty to support the child financially, and she may not be ordered to pay child support,'' I honestly think the court would have ruled differently if this had been a man involved. Also, if this court agrees homosexual marriages should be like normal marriage arrangements, this is a highly contradictory ruling. Article here"

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Disagreement (Score:1)
by Jas0n of Thebes on 07:03 PM August 25th, 2004 EST (#1)
(User #1833 Info)
If the "father lesbian" had been a man who was not the biological father of the child and had never adopted it, he would in all likelihood not be legally responsible.
      If it was a case of two men, it would obviously be an adoption situation, because neither man can give birth. Both men would be legally responsible only if the adoption was in both their names.
      Seeing discrimination where it does not exist delegitimized vast sections of the feminist movement, and I would hate to see it here.
Re:Disagreement (Score:1)
by Hunchback on 11:09 PM August 25th, 2004 EST (#3)
(User #1505 Info)
Not entirely true. There are many instances where a man had a relationship with a woman who had kids, and when he left her years later the courts stuck him with child support. Seems they felt that by living with the woman he had established himself as a "father figure."

It is definitely a gender double standard when a woman can duck out of responsibility for a situation which through mutual agreement she helped create.
Re:Disagreement (Score:1)
by galb on 11:36 PM August 25th, 2004 EST (#5)
(User #1848 Info)
I have found a couple of those in last few days...

I am inclined to support this judgement though, because this arragement is wildly out of line with what a definition of a family should be. This is clearly a back door effort to redefine the family to mean, any damn thing they want it to mean.

While we dont go from here to people getting married to horses, or some dumb shit conservative talking point, I can see this expanding into little collectives of lesbians (or whatever) without any clearly defined parents at all. All for the sake of, its easy and feels good, and we are feminists, so we are superior.

blah blah blah (Score:1)
by scudsucker on 03:53 AM August 26th, 2004 EST (#6)
(User #700 Info)
Its very telling that all the "marriage protection" furor starts and stops with homosexual marriages.
w/o gay marriage, they can't (Score:1)
by kavius on 07:53 PM August 25th, 2004 EST (#2)
(User #1673 Info) http://www.vius.ca
Unless the US allows Gay marriage, there is not standing for the woman to be forced to pay child support. Naturally a step-parent could be (under current law as I understand it), but since there is no marriage, there is no step-parent.
Still new and reactionary... (Score:1)
by galb on 11:23 PM August 25th, 2004 EST (#4)
(User #1848 Info)
But it really is all about the money grubbing... Isnt it?

Im sorry, this is the most irresponsible thing I have ever seen, I mean what do you know, women ARE just like men, the first chance the non-uteral (is that a word?)parent got, she was out of there, just like men are accused of.

And holy crap, at the center of this fantastically selfish endavor is some poor child.

Am i being too judgmental here? It seems to me the issue here is SPERM BANKS. I dont have anything against people who might have some fertility issue using a sperm bank, but here is a child who is basically been abandoned by a faux parent, a selfish mother with poor decision making skills, and the State for allowing this sort of thing to happen(ala volentary fatherless paternity).

Correct me if i'm wrong, but feminism is grounded in the idea that women are more moral than men right? Well here is all the evidence you need to prove that ideal is a steaming pile of horse @#$@.

Excuse me please.
The decision in full (Score:1)
by The_Beedle on 09:56 AM August 26th, 2004 EST (#7)
(User #1529 Info)
Westlaw Link

Yeah, this is bad news. The SJC decided that 'parenthood by contract' is not the law in Massachusetts, which I believe means that in this state you don't become a parent by agreeing to be a parent, but rather you're a parent if the courts judge your circumstances to make you a parent. So this is another anti-choice decision if you happen to be the non-womb using partner.

On a positive note, this court decision has created some precedence for men whose partners bear unrelated children and who don't immediately abandon them and run for the hills. Assuming the same standard gets applied to cuckoled live-in boyfriends, it should be safe to give your ex some cash after she gives birth or even help her pick a name without becoming trapped into 18 years of payments.

Also on a positive note "Contracts between unmarried same-sex couples concerning the welfare and support of a child stand on the same footing as any other agreement between unmarried cohabitants" so lesbian partners who don't bear their children are in the same boat as hetero fathers.

But of course "... when a contract violates or conflicts with public policy, we treat it as void and will not enforce it." So it still doesn't matter what you agree to with a woman before she has a child, the courts can throw all that out in favor of your worst interest.
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