Last month, I submitted an amicus brief to the Supreme Court on behalf of twin 9-year-olds who had been separated from their dad, Frank.
Frank is gay. He lived in New York with his partner, Joseph, for four years. During that time, Frank had twin children conceived through in vitro fertilization, and Joseph’s sister carried them to term.
While Joseph’s sister is the biological mother, she never wanted a parental relationship with the children and surrendered her parental rights after the children were born. Frank is their biological father and was their primary caregiver and only legal parent until the twins were almost 7 years old.
The problem arose three years after Frank and Joseph separated. A court chose to remove the kids from Frank and give them to Joseph, even though he is not the biological father and had no legal relationship to the kids.