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Feminism: Sex and gender discussions

DM -Italy erases names of gay mothers from birth certs

486 replies

DustyLee123 · 16/07/2023 08:02

Can’t do links. Story about removing one mother from the certs where there’s two female names .

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Signalbox · 16/07/2023 16:57

MalagaNights · 16/07/2023 16:34

I'm fed up with attempts to discuss how we centre children's needs being labelled as homophobic or transphobic.

I think we need to start calling anything which doesn't prioritise children above adults as childphobic.

Louise Perry did a really interesting interview with an American woman called Katy Faust on centering children's rights when it comes to childcare IVF and adoption. It was challenging but definitely worth a listen...

Children's Rights - Katy Faust | Maiden Mother Matriarch 22

Katy Faust is the founder and director of the children’s rights organisation, Them Before Us. On the podcast, Katy talks about why her philosophy centres chi...

https://youtu.be/9sP28w3T2OA?t=16

SBHon · 16/07/2023 16:56

Whattheactualwhatnow · 16/07/2023 16:47

What is the key purpose of listing anyone other than the mother who gave birth and the father if known, on a BC? Who does this benefit?

The child. Having a secure understanding of who they are, where they came from, a sense of self and belonging is a huge thing.

Drenton · 16/07/2023 16:55

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Elsiebear90 · 16/07/2023 16:55

Whattheactualwhatnow · 16/07/2023 16:47

What is the key purpose of listing anyone other than the mother who gave birth and the father if known, on a BC? Who does this benefit?

So imagine you are married to a woman, you both decide you will get pregnant by a donor through a clinic, you get pregnant then she decides she doesn’t want to be with you anymore and doesn’t want to help raise your child. How do you propose you would get any financial support from her if she’s not allowed to be on the birth certificate and decides she doesn’t want to adopt your child?

JoodyBlue · 16/07/2023 16:54

Gothambutnotahamster · 16/07/2023 16:39

I agree @MalagaNights - so much in this area is around what the adults want and expect the children to live with the consequences, even when it's known to be detrimental to them.

@Quisisana whoever raises the children can change through a child's lifetime. That is entirely separate to the biological reality of who has given birth to the child.

I often think, 'just because we can, doesn't mean we should'.

In my opinion, we're going to see a lot of seriously messed up adults in the next couple of decades due to the actions of very selfish adults now, putting their own needs ahead of what's right for the children.

This is important and I agree with both posters here. I know many people yearn to be parents and have the skills and the care to be great parents - gay or straight. But the point should not be primarily about that. Having children is not a right. At some point in the last 30 years or so our society has changed to put the rights of adults to fulfill their dreams over the essential questions about the rights of all humans to be able to track their own history. It has gotten really messy. I do not think having a child is a right. It is a priviledge and a responsibility. Adoption and fostering is different. Some parents are not good enough and caring couples can really be important here in raising kids. Off at a tangent I know, but it is relevant to the discussion.

sleepyscientist · 16/07/2023 16:53

Newshoesnewname · 16/07/2023 09:51

Maybe the solution for all scenarios is to list the 2 people who will raise the child on the BC.

After all they are the doing the parenting so should be listed as parents.

There should then be a section in the child's medical notes to record biological parental details.

This way the information is available if required, is confidential to the child, and seems to be the best way to cover all bases.

As the daughter of an abusive sperm donor (I will not call him a parent) something like this, tho I would like to remove him 100% from all legal records linked to me! I think the child's feelings as they grow up are more important than making this another fights about biology that doesn't need to happen. Both men or both woman are the parents from birth and should be listed on the birth certificate as the sperm donor will have no role in raising the child.

Quisisana · 16/07/2023 16:52

Whattheactualwhatnow · 16/07/2023 16:47

What is the key purpose of listing anyone other than the mother who gave birth and the father if known, on a BC? Who does this benefit?

The non-biological parent who has raised the child? Also who are you counting as the biological parent when one partner has donated eggs to the other?

TeenDivided · 16/07/2023 16:51

Adopted children can get
a) a short form birth certificate confirming their birth, but not listing parents
b) a long form certificate that looks like a birth certificate at first glance, naming the adoptive parents, but the title of the certificate makes it clear it is an Adoption record entry not a Birth record entry.

Although we legally have parental responsibility no one tries to pretend we gave birth to our AC.

So what maybe we need to move towards is:

Record of birth (name, birthplace, date)
Birthing mother.
Names of those having parental responsibility (at max 2 people?)
Plus a Tick box if genetically related y/n

(Plus then maybe a 'Genetics certificate' if people stated N)

usererror99 · 16/07/2023 16:51

grassverge · 16/07/2023 09:22

I used an egg donor and my husbands sperm. I grew and birthed my babies. I am listed as the mother on the birth certificate. Should I not be?

I have to be honest here and say that it should be recorded that you are not the biological mother. A child has a right to know that it's parents are not genetically/biologically theirs. Many donor parents don't tell their child and there is no law that requires them to do so

Quisisana · 16/07/2023 16:47

MalagaNights · 16/07/2023 16:34

I'm fed up with attempts to discuss how we centre children's needs being labelled as homophobic or transphobic.

I think we need to start calling anything which doesn't prioritise children above adults as childphobic.

I don't think forcing women to put the biological father on the birth certificate is actually in the child's best interests. In fact it could be quite dangerous.

whoever raises the children can change through a child's lifetime. That is entirely separate to the biological reality of who has given birth to the child.
It is also a record of who the child's de facto parents were at the time of birth. I think this is important. I know a lesbian couple who split up when their child was 10. One mother (not the birth mother) could have been completely cut out of her child's life. It was a very precarious situation.

Whattheactualwhatnow · 16/07/2023 16:47

What is the key purpose of listing anyone other than the mother who gave birth and the father if known, on a BC? Who does this benefit?

Gothambutnotahamster · 16/07/2023 16:46

I completely agree @Superdupes

Superdupes · 16/07/2023 16:44

Gothambutnotahamster · 16/07/2023 16:12

A birth certificate should contain the biological parents names only - mother (who gives birth) & father (where known). No other name should be on there.

It's nothing to do with homophobia or anything else and entirely to do with a biological recording of the facts of the birth.

I agree with this. But it should also be possible for someone to legally adopt from birth so that in a lesbian couple if the mother died in childbirth for example then the child would legally belong to the other mum.

TangledRoots · 16/07/2023 16:40

The modern use of donor gametes doesn’t change the purpose or intention of birth certificates. They are supposed to be identity documents, identifying who a person is and who they are the offspring of, particularly the mother.

The fact that gamete donation confuses things now, doesn’t change the purpose or intention of a birth certificate - to now mean documenting ‘those with parental responsibility’. The problem is that people have raced ahead with gamete donation, not really considering the impact upon considerations such as who should be documented on the birth certificate as the mother and the father.

I believe a child and later adult is entitled to have a clear and accurate record of who they are and who their parents are, so in the case of donor gametes, this will require extra names on the birth certificate. However, I believe that the child is also entitled to some privacy and not have to divulge the complex and unusual circumstances of their conception and parenthood every time they need to show their birth certificate, so they should be entitled to something like an adoption certificate, in addition to this complex birth certificate.

Elsiebear90 · 16/07/2023 16:39

nothingcomestonothing · 16/07/2023 16:32

How is this problem not solved by the non birth mother adopting the child at birth and getting an adoption certificate naming both the mothers as the child's legal parents? I am not defending the removal of parental rights, those could be secured by adoption. Birth certificates aren't for recording who intends to raise a child, they are a record of a child's birth. Not of the origin of the egg, of their birth.

If Italy had same sex adoption, would you be happy with this, or would you still want both women to be named as parents on the BC? And if so, why?

I am not blaming lesbians for the legal fictions which give us the GRA and I never said lesbians campaigned for that, why would they? But legal fictions made with good intentions to help a small number of people live their private lives have ended up with huge detrimental consequences for all of us. I'm not in favour of any legal fictions for that reason.

What is the advantage of making someone adopt a child they had with their wife using a donor when they can just be named as a legal parent on the BC? If you want the BC to list the genetic origins of a child then that’s a whole different argument, but I cannot see a single advantage to what you’re suggesting.

If as you say BC are just about recording the birth then when even record the father? They are clearly about parental rights as well as recording who gave birth, hence, you can record a man as the father even if a donor is used.

Gothambutnotahamster · 16/07/2023 16:39

I agree @MalagaNights - so much in this area is around what the adults want and expect the children to live with the consequences, even when it's known to be detrimental to them.

@Quisisana whoever raises the children can change through a child's lifetime. That is entirely separate to the biological reality of who has given birth to the child.

I often think, 'just because we can, doesn't mean we should'.

In my opinion, we're going to see a lot of seriously messed up adults in the next couple of decades due to the actions of very selfish adults now, putting their own needs ahead of what's right for the children.

GiraffeDoor · 16/07/2023 16:38

I'm confused about the law in the UK. For a child who is donor conceived, is there no mention of this at all on their birth certificate?

I know that by law donor conceived people now have the right to some basic information when they turn 18. And I know that gay couples aren't allowed to do random sperm "mixing" for IVF - they have to know which of them is the biological father. But technically could a parent just never tell the child they were donor conceived, and that child could live their whole life never knowing there was information out there that they were legally entitled to request?

MalagaNights · 16/07/2023 16:34

I'm fed up with attempts to discuss how we centre children's needs being labelled as homophobic or transphobic.

I think we need to start calling anything which doesn't prioritise children above adults as childphobic.

Quisisana · 16/07/2023 16:34

Gothambutnotahamster · 16/07/2023 16:17

They're really not In biological terms.

They really are in practical terms! Both mothers who are raising a child should have rights and duties regarding that child. A sperm donor who may not even be aware that he is a father should not.

nothingcomestonothing · 16/07/2023 16:32

Elsiebear90 · 16/07/2023 16:18

I don’t know how many times people need to keep repeating this on here, but the birth certificate does not list two women as mothers, there is one mother (the woman who gave birth, regardless of whether her egg was used), the other woman is documented as a legal parent. It is very clear that only one woman gave birth and that one woman is the registered mother. There is no “pretending” or “lying” that a child can be created by two women or two women can give birth to one child. The BC states there is one mother and another woman is the legal parent (not mother), so what you are defending is the removal of parental rights for women who are parents and who may actually be the biological mother of that child in many cases.

Stop blaming lesbians for GR and TR issues by incorrectly stating they started it all by campaigning for “fictions”, there is nothing fictitious about a woman being registered as a parent of a child when they are one. Lesbians are quite aware you cannot have two biological mothers of a child and BC demonstrate that by having a separate mother and parent category for each woman.

How is this problem not solved by the non birth mother adopting the child at birth and getting an adoption certificate naming both the mothers as the child's legal parents? I am not defending the removal of parental rights, those could be secured by adoption. Birth certificates aren't for recording who intends to raise a child, they are a record of a child's birth. Not of the origin of the egg, of their birth.

If Italy had same sex adoption, would you be happy with this, or would you still want both women to be named as parents on the BC? And if so, why?

I am not blaming lesbians for the legal fictions which give us the GRA and I never said lesbians campaigned for that, why would they? But legal fictions made with good intentions to help a small number of people live their private lives have ended up with huge detrimental consequences for all of us. I'm not in favour of any legal fictions for that reason.

Drenton · 16/07/2023 16:28

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onlytherain · 16/07/2023 16:26

@Ketzele If your daughter is adopted, then I would be surprised if you had a "birth certificate" naming you and your wife as parents. My (adopted) children have their original birth certificate which names their birth parents, and a "Certified Copy of an Entry" into the adoption register which names me and my partner. I have just realised that we could also have a new birth certificate which would not name any parents. The certificates look like this (scroll to the end of the document):

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjt0JbEwJOAAxUkxQIHHTaaCDQQFnoECA4QAw&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F800942%2FNote_for_parents_Mar_2019__4_.pdf&usg=AOvVaw04u4upSFVIUj8Tmk5p51B6&opi=89978449

I agree with you that the Italian government's motive is probably homophobia. However, I think it is possible to take the view that birth certificates should reflect reality without being homophobic.

I think no matter what the parental set up is (gay/straight/donor/...), birth certificates should reflect the child's genetic make up. That includes my family. I am not named on my children's birth certificate, because I am not their biological parent. That is the reality.

https://www.google.com/url?cd=&esrc=s&opi=89978449&q=&rct=j&sa=t&source=web&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F800942%2FNote_for_parents_Mar_2019__4_.pdf&usg=AOvVaw04u4upSFVIUj8Tmk5p51B6&ved=2ahUKEwjt0JbEwJOAAxUkxQIHHTaaCDQQFnoECA4QAw

Ketzele · 16/07/2023 16:26

Same sex adoption is not the answer here (though it is the answer to some other questions!) Lesbian non-biological mothers are not equivalent to stepfathers. Stepfathers who adopt are replacing a biological father; there is clearly a careful process required, including the quality of his parenting and the views of the biological father. Lesbian co-parents are not replacing sperm donors.

The correct comparison is with heterosexual men who have become fathers via sperm donation. In the UK, a heterosexual couple who use a sperm donor do not have to go through the lengthy and costly process of adoption. Why should lesbian couples have to? Why shouldn't a lesbian be listed as a co-parent alongside the mother from the very start? It's not a lie, it's not claiming she gave birth.

In the end, of course, we will probably need to rework all kinds of documentation to be accurate and useful. But right now, in Italy, the potential risks of keeping these lesbian mothers on birth certificates is far, far outweighed by the damage of removing them.

SBHon · 16/07/2023 16:21

Gothambutnotahamster · 16/07/2023 16:12

A birth certificate should contain the biological parents names only - mother (who gives birth) & father (where known). No other name should be on there.

It's nothing to do with homophobia or anything else and entirely to do with a biological recording of the facts of the birth.

One woman may have given birth but what if it was the other woman’s egg they had carried with?

Also, is a birth certificate only to do with who is genetically linked to the child (in which case of the above situation the woman who gave birth wouldn’t be listed?) or is it also to do with who has legal parental responsibility at birth?

In an ideal world surely all the information can be recorded.

Gothambutnotahamster · 16/07/2023 16:18

hangonsnoopy · 16/07/2023 10:51

A birth certificate is a record of a child's birth, not of their conception.

We don't allow people who are going to raise the child to be listed at birth rather than the birth mother because that aids in the trafficking, sexual abuse and exploitation of women and children.

We do allow the mother to register the birth without naming the father because in countries where mothers are not allowed to do this millions of children go unregistered and are stateless and without basic human rights as a consequence. It is a woman's human right to register her child's birth and pass on her nationality without the consent or presence of a male.

The West has become really selfish and inhumane in constantly putting their own concerns and wants over the consequences for women and children globally.

Again, completely agree with this!

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