>>>
>>> SUPREME COURT HAS AFFIRMED SAME-SEX MARRIAGE IS THE LAW OF
THE LAND.
THE LAND.
THE LAND. IT'S A CONSTITUTIONAL RIGHT FOR
GAYS AND LESS BEAN COUPLES TO
MARRY AND EVERY STATE IN THIS
COUNTRY WHICH MEANS ALL 50
STATES NOW.
STATES NOW. >> ON JUNE 26, 2015 THE U.S.
SUPREME COURT STRUCK DOWN ALL
STATE BANS ON SAME-SEX
MARRIAGE.
MARRIAGE.
MARRIAGE. WHAT FOLLOWED WAS THE NEED TO
RE-EXAMINE EXISTING FAMILY LAW
AND HOW THEY IMPACT SAME-SEX
MARRIAGES IN PARTICULAR.
HERE TO ANSWER SOME OF YOUR
LEGAL QUESTIONS.
LEGAL QUESTIONS. GOOD MORNING.
GOOD MORNING. >> MORNING.
>> MORNING. >> ALL RIGHT.
SO ALREADY FAMILY LAW CAN BE
VERY COMPLEX AND IT'S DIFFERENT
FROM STATE TO STATE.
THEN WE THROW IN THE MIX SAME-
SEX MARRIAGE AND THINGS STARTED
POPPING UPPING.
POPPING UPPING. LET'S GO THROUGH SOME THINGS.
WHAT SETS Y'ALL APART IS YOU
DEAL WITH ALL KINDS OF FAMILY
LAW.
LAW.
LAW. >>
LAW. >> WE DEAL WITH THE WHOLE
SPECTRUM.
SPECTRUM.
SPECTRUM. DIVORCES, CHILD CUSTODY, PET
CUSTODY, ADOPTIONS.
CUSTODY, ADOPTIONS. PRE-NUPS, POST-NUPS.
PRE-NUPS, POST-NUPS. >> EVEN IF YOU HAVE PETS THAT
COMES UP.
COMES UP.
COMES UP. TEXAS FAMILY CODE IS SPECIFIC
ON ITS ROLES.
BUT THE THING IS IT'S KIND OF
FLUID IN SOME CASES AND SOME
THINGS AREN'T REALLY SET YET.
LET'S TALK ABOUT RIGHTS TO
CHILDREN.
CHILDREN.
CHILDREN. YOU HAVE ONE SPOUSE WHO BIRTHED
THE CHILD AND THE OTHER ONE IS
THEIR MOTHER BUT DOES THE STATE
SEE THEM AS THEIR MOTHER?
>> NOT IN TEXAS, NO.
EVEN IF THAT OTHER SPOUSE WERE
TO DONATE THE EGG IN TEXAS THE
WOMAN WHO GIVES BIRTH IS THE
MOTHER.
MOTHER.
MOTHER. IN THAT CASE EVEN THOUGH THE
OTHER SPOUSE IS THE BIOLOGICAL
MOTHER SHE'D STILL NEED TO
ADOPT THE CHILD.
>> LEGAL ADOPTION IN THAT CASE
THEY HAVE ALL RIGHTS TO THAT
CHILD AND THE WHOLE BIT.
MAKING DECISIONS FOR THAT CHILD
IF THE OTHER PERSON CANNOT.
NOW LET'S LOOK AT TWO GAY MEN.
I HAVE FRIENDS WHO ONE IS THE
BIOLOGICAL FATHER AND THE OTHER
IS HIS HUSBAND BUT SAME CASE HE
HAS TO ADOPT THOSE CHILDREN?
>> YES.
>> YES.
>> YES. YES.
YES.
YES. TEXAS FAMILY CODE IS VERY
GENDER SPECIFIC AND SO WE'RE
STILL DEALING WITH A CODE THAT
HAS NOT CAUGHT UP WITH THE NEW
RULES.
RULES.
RULES. SO
RULES. SO WE HAVE TO BE IN ORDER TO
SECURE OUR RIGHTS THE BEST WAY
TO DO THAT IS TO ADOPT.
>> WE KNOW SUR ROSHARON GASSY
IS SOMETHING ELSE THAT PEOPLE
DO WHETHER THEY CAN USE THEIR,
THAT'S WHEN IT STARTS GETTING
CONFUSING.
CONFUSING. YOU HAVE SOMEBODY WHO CAN SERVE
AS A VESSEL, LET'S SAY.
DOES THAT PERSON HAVE A RIGHT
TO THAT CHILD?
>> THAT'S TRICKY.
THERE'S TRADITIONAL SUR
ROSHARON GASSY WHERE THE
SURROGATE WOULD USE THEIR OWN
DONOR.
DONOR.
DONOR. THAT WOULD BE A TRADITIONAL
ADOPTION.
ADOPTION.
ADOPTION. GESTATIONAL SUR GASSY WHERE
THEY'RE USING A DONATED EGG.
IF IT THERE'S A GESTATIONAL
AGREEMENT IN PLACE, NO, SHE
DOES NOT HAVE A RIGHT TO THAT
CHILD.
CHILD.
CHILD. SHE DOES HAVE THE RIGHT TO
CHANGE HER MIND UP UNTIL THE
POINT THAT SHE BECOMES
PREGNANT.
PREGNANT.
PREGNANT. >> THAT'S WHY IT'S IMPORTANT TO
FIND A GOOD LAWYER AND HAVE ALL
THAT STUFF STATED IN THE
BEGINNING.
BEGINNING. >> THAT'S RIGHT.
>> ALL RIGHT.
OKAY.
OKAY.
OKAY. WHO
OKAY. WHO THOUGHT WE'D BE FIGHTING
OVER SPERM.
OVER SPERM. THERE ARE SPERM DONORS AND THEN
WHEN YOU DO THAT YOU HAVE EXTRA
OUT THERE AND THEN PEOPLE WHO
LAYS CLAIM TO THAT?
>> IT REALLY DEPENDS.
SO IN THAT CASE ARE YOU ASKING
IF --
IF --
IF -- >>
IF -- >> LET'S SAY YOU HAVE A
DONATION AND THEN YOU HAVE A
COUPLE OF KIDS AND THEN YOU
DECIDE NOT TO HAVE ANY MORE AND
SOMEBODY ELSE SAYS WELL I WANT
THAT BACK.
THAT BACK. >> WELL THAT'S A PROPERTY.
THEY'RE TREATED, THE LAW IS NOT
REALLY CLEAR ON THAT.
WE'VE HAD DIFFERENT CASES.
>> YOU NEED TO HAVE A DONOR
AGREEMENT.
AGREEMENT. IF YOU HAVE A MAN WHO IS
WILLING TO GIVE HIS SAMPLE AND
LET'S SAY THE WOMAN IS USING
THE TURKEY BASTER METHOD AND
NOT GOING THROUGH DOCTORS, THEY
DON'T HAVE DONOR AGREEMENTS OR
ANYTHING LIKE THAT.
THE WOMAN CAN DO WHATEVER SHE
WANTS WITH THAT BABY ULTIMATELY
AND THE MAN COULD POTENTIALLY
BE ON THE HOOK FOR CHILD
SUPPORT DOWN THE ROAD.
SO YOU NEED TO HAVE A DONOR
AGREEMENT TO ESTABLISH I'M NOT
GOING TO BE THE FATHER OF THIS
CHILD, I DON'T WANT ANY
PARENTAL RIGHTS, I DON'T WANT
TO PAY CHILD SUPPORT AND WHAT,
WHO THE MOTHER IS GOING TO BE.
SHE'LL BIRTH THE CHILD SO IT'LL
BE ESTABLISHED.
BE ESTABLISHED. >> THE OTHER THING TO KNOW TOO
WHERE SPERM DONATION IS
CONCERNED IS TEXAS FAMILY CODE
DOES STATE THAT A DONOR DOES
NOT HAVE LEGAL RIGHTS AS A
PARENT.
PARENT.
PARENT. HOWEVER I DEFINES A DONOR AS
SOMEONE WHO PROVIDES THAT
DONATION TO A LICENSED
PHYSICIAN FOR THE PURPOSES OF
ASSISTED REPRODUCTION.
ASSISTED REPRODUCTION. IF YOU'RE USING THE TURKEY
BASTER METHOD AND YOU'RE NOT
GOING THROUGH A LICENSED
PHYSICIAN YOU NEED TO BE SURE
TO HAVE ALL OF THE PROPER
AGREEMENTS AND CONTRACTS IN
PLACE.
PLACE.
PLACE. >>
PLACE. >> DID YOU EVER KNOW THERE WERE
SO MANY WAYS TO HAVE CHILDREN.
THE OTHER WAY IS JUST STRAIGHT
OUT ADOPTION.
OUT ADOPTION. I KNOW IN TEXAS AT ONE TIME
THEY SAID THAT GAY COUPLES
COULD NO ADOPT.
THEN THEY OPENED THAT UP TO NOT
ONLY GAY COUPLES BUT SINGLE
PEOPLE AS WELL.
WE HAVE A PRESSURE ON THE
SYSTEM TO GIVE KIDS GOOD LOVING
HOMES.
HOMES.
HOMES. THAT OPENED UP AND THEY SAID
NOW YOU CAN ADOPT BUT THERE ARE
THINGS CHANGING THERE TOO.
>> THE FOSTER CARE SYSTEM IS
MOVING TOWARD PROVIZATION.
WE HAVE A LARGE SUPPORTIVE
FAITH-BASED COMMUNITY.
FAITH-BASED COMMUNITY. BUT RECENT RULINGS BY THE
COURTS IN TEXAS HAVE ALLOWED
FAITH-BASED ORGANIZATIONS TO
LIMIT WHO THEY CHOOSE TO
LICENSE AND WORK WITH.
SO THEY DO HAVE THE OPTION TO
SAY THAT THEY DON'T WANT TO
LICENSE MEMBERS OF THE LGBTQ
COMMUNITY AS FOSTER PARENTS.
>> THAT'S LIKE THAT BRAVE NEW
WORLD TOO.
WORLD TOO. I WOULD IMAGINE DISCRIMINATION
CASES WILL COME UP WITH THAT.
ALL RIGHT.
ALL RIGHT. THERE'S A THING CALLED KID
SAFE.
SAFE.
SAFE. >>
SAFE. >> YES.
>> YES.
>> YES. >> THE REASON WE NEED TO, IF A
CHILD CAN GO TO A LOVING HOME
IS TO JUST GET RID OF THAT
JUGMENT.
JUGMENT.
JUGMENT. WE HAVE SO MANY KIDS OUT THERE.
IRREMEMBER BEING WITH A GIRL
WHO WAS 13 YEARS OLD.
WHY IS IT SO IMPORTANT FOR YOU
TO BE ADOPTED?
SHE SAID I JUST WANT SOMEBODY
TO SAY THEY WANT ME.
>> RIGHT.
>> RIGHT.
>> RIGHT. >> YEAH.
>> YEAH.
>> YEAH. WE HAVE 1200 KIDS A YEAR WHO,
APPROXIMATELY 1200 A YEAR WHO
AGE OUT OF FOSTER CARE WITHOUT
A MEANINGFUL CONNECTION TO A
LOVING ADULT.
LOVING ADULT. SO WHAT KID SAVE IS DOING IS
WE'RE WORKING TO LAUNCH LATER
THIS YEAR IN THE FALL.
WE WORK TO MATCH OLDER KIDS IN
FOSTER CARE CAN STABLE LOVING
ADULTS THROUGH A HOSTING
PROGRAM.
PROGRAM.
PROGRAM. >> WHY ARE ARE YOU SO
PASSIONATE ABOUT THIS?
>> AS A CHILD I DIDN'T HAVE THE
MOST PERFECT CHILDHOOD AS MANY
OF US DON'T AND I BECAME
FAMILIAR WITH CPS AND IT IT WAS
NEVER A GOOD EXPERIENCE.
NOT FOR ANY PARTICULAR REASON.
I THINK IT'S JUST THEY'RE
OVERWORKED AND THEY'VE GOT A
LOT GOING ON.
SO FROM A YOUNG AGE I BECAME
PASSIONATE ABOUT COMING BACK AS
I GOT OLDER AND MAKING A
DIFFERENCE.
DIFFERENCE. >> FAMILY LAW IS EMOTIONALLY
CHARGED.
CHARGED.
CHARGED. ESPECIALLY WHEN A FAMILY IS
DEALING WITH DIVORCE.
ONE OF THE THINGS YOU ALL TRY
TO DO IS BE PART OF THE
COLLABORATIVE PROCESS AND THEN
TAKE SOME OF THE EMOTION OUT OF
IT.
IT.
IT. >>
IT. >> WITH WE TRY TO.
LOTS OF TIMES PEOPLE ARE MAKING
DECISIONS BASED ON THEIR
EMOTION.
EMOTION.
EMOTION. WE TRY TO BE THE GUIDING REASON
HAND IN THAT SITUATION.
BUT THE CLIENT'S ALWAYS THE
BOSS.
BOSS.
BOSS. WE
BOSS. WE DON'T TAKE A CASE, RUN AWAY
WITH IT.
WITH IT.
WITH IT. IT'S A COLLABORATIVE APPROACH.
STRATEGIZE, FIGURE OUT WHAT THE
NEXT STEP IS.
ULTIMATELY ALL THE DECISIONS
ARE UP TO THE CLIENT.
>> HELPING TO FIGURE OUT WHAT'S
REALLY IMPORTANT.
REALLY IMPORTANT. DO YOU REALLY NEED THAT VASE.
LET IT GO.
>> CAN I'LL BUY YOU A VASE.
>> YEAH.
>> YEAH.
>> YEAH. LADIES, THANK YOU VERY MUCH.
CALL THEM AT 713-333-4430.
FOR MORE INFORMATION LOG ON