Over the past few decades, the movement for gay rights has been flourishing across the United States. From the first state legalization of same-sex marriage in Massachusetts in 2004, to the law protecting LGBTA rights in the workplace in 2007 (AGRM Timeline, Infoplease), the LGBTA community has finally began to get the basic rights and liberties they deserve. However, there are still many areas where their rights are lacking and inadequate. In many states across the country, the parental rights of LGBTA individuals are very limited. Karen Partanen, a member of the LGBTA community, has been fighting for the parental rights of her two children since 2014. Her children were both born by artificial insemination, however, by her former partner.
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Unfortunately, there are many states that still do not protect LGBTA parents. For example, some states don’t allow for them to even visit their children if their “legal guardian” says they can’t see them. Moreover, other states don’t allow them to file for custody, but they allow them to be declared a “de-facto parent.” This is a legal position that provides them with visitation rights, however, they are not granted full parentage. Before Partanen brought her case to the Massachusetts Supreme Judicial Court, the state followed the de-facto parent practice. The court ended up ruling that even though the Massachusetts paternity laws are written in gendered terms, they can be discussed in a gender mutual manner — meaning it can apply to a child is that is born to any two people — even if only one parent has biological ties to the child. Therefore, Partanen can now legally fight for joint-custody of her children. Although this is a big achievement for Partanen and the state of Massachusetts, this is only a stepping stone for LGBTA parental rights as a whole. Various states around the country have started to enact laws that protect same-sex partners that are looking for parental rights, but many states continue to be restrictive. Therefore, there is still progress to be made in the United States (Randazzo,
Unfortunately, there are many states that still do not protect LGBTA parents. For example, some states don’t allow for them to even visit their children if their “legal guardian” says they can’t see them. Moreover, other states don’t allow them to file for custody, but they allow them to be declared a “de-facto parent.” This is a legal position that provides them with visitation rights, however, they are not granted full parentage. Before Partanen brought her case to the Massachusetts Supreme Judicial Court, the state followed the de-facto parent practice. The court ended up ruling that even though the Massachusetts paternity laws are written in gendered terms, they can be discussed in a gender mutual manner — meaning it can apply to a child is that is born to any two people — even if only one parent has biological ties to the child. Therefore, Partanen can now legally fight for joint-custody of her children. Although this is a big achievement for Partanen and the state of Massachusetts, this is only a stepping stone for LGBTA parental rights as a whole. Various states around the country have started to enact laws that protect same-sex partners that are looking for parental rights, but many states continue to be restrictive. Therefore, there is still progress to be made in the United States (Randazzo,