‘Nurturing’ isn’t parental equivalent
Finally, some good news from a family court:
A Wisconsin court has told a lesbian that legal adoption, not merely nurturing a child, determines parental rights.
A lesbian identified as Liz K. and her former partner Wendy M. adopted two children from Guatamala. The couple decided that since Liz was a practicing attorney and could add the children to her health insurance, she should be the legal adoptive parent.
But after the couple’s relationship ended, Liz’z former partner sued for parental rights, saying she had a relationship with the children also. Mat Staver of Liberty Counsel believes the court made the right decision in refusing to grant guardianship status to Wendy.
“They’re right on when they say that simple time spent with a child or nurturing does not give you parental rights. What does give you parental rights is either [a] biological relationship with the child or adoption,” Staver contends. “But simple de facto parenthood — as some courts have found by virtue of the fact that someone is nurturing…cared for, or been with the child — does not give parental rights. In fact, that undermines parental rights.”
Some courts, on the other hand, have ruled that a person’s mere presence — one who is unrelated and has no adoptive, legal relationship with the child — gains parental rights through that association. The Liberty Counsel founder believes those courts ought to be following the lead of Wisconsin’s District 4 Court of Appeals.
article by Charlie Butts – OneNewsNow
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So sad for the kids to lose a parent.
“Some courts, on the other hand, have ruled that a person’s mere presence — one who is unrelated and has no adoptive, legal relationship with the child — gains parental rights through that association.”
The above quote is incredibly intellectually dishonest. No court has ruled that “a person’s mere presence” entitles that person to parental rights. Instead, the court considers whether that individual has actually served as a parent and whether a parent-child relationship exists between the individual and the child(ren). Any adoptive parent who has raised a child knows that biology is NOT what makes someone a parent. Instead, it is the act of parenting–the midnight feedings, kisses on boo-boos, reading stories, love and yes, NURTURING that makes someone a parent. And the adoption papers aren’t what makes the person a parent, either. Those just serve to protect that relationship. It’s too bad Wisconsin and the “Liberty Counsel founder” doesn’t care about kids. Because of course it is better to stand on principle and wreck a few lives than to acknowledge that love makes a family.
I have never been legally adopted by my step-father. He is no less my father for it.
I won’t say that court ruled wrongly, but a parent nurtures. And I think far to few biological parents realize this.