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To: The Philosopher who wrote (7455)3/5/2004 6:56:02 PM
From: Lane3  Respond to of 7720
 
I would go to Ct. and argue, and I hope win, the case that the cbp intended to establish a dual parent-child relationship when they got married, and that it's in the best interests of the child to continue that relationship with both members of the parental family.

Presumably all the states will pass laws to deal with this sort of thing. Maybe Connecticut will pass a law along the lines that you would like. I was not answering the question of what laws should they pass. Perhaps that's what you meant but that's not what I answered. I answered what they would/should do under current law.

Many states have laws that allow second party adoption. Presumably Massachusetts, if they allow same-sex marriage, they would allow second party adoption. It would behoove the lesbian couple to make such arrangements for everyone's safety. Or perhaps the Mass law would be written to clearly specify that their marriages, even if not legal in other states, subsume the equivalent of a legal adoption. If the kid were adopted by the second woman, then she would have a case in Connecticut court.

Also, she could take her case to Massachusetts court, couldn't she? At least she could before she leaves there and moves to Connecticut. In a Mass court she would have rights with regard to the child. If she ups and goes to Connecticut without bothering to assert her rights re the child, then maybe she doesn't love the child enough to warrant having parental rights. Presumably the couple would divorce in Mass and the question of custody and visitation would be a part of that.

My argument re the complexity of this situation is that the onus is still on the gay couple, as it is now, to have their wishes expressed in appropriate legal documents just in case they're ever out of the state and something comes up.