• 01
  • January
    2012

A New Jersey judge awarded full child custody of five-year-old twin girls to a gay couple this month. The two men, who participated in a same-sex marriage ceremony in California, reside in New Jersey. The ruling gives the girls' surrogate mother, who is the sister of one of the men, parental visitation rights.

According to court records, the sister of one of the men, agreed to carry a baby for the couple. She was impregnated with a donor egg fertilized by the other man. While the woman is not the biological mother of the children, the judge did deem her to be the girls' legal mother.

Shortly after the girls were born, the relationship between their surrogate mother and her brother began to fall apart. The woman claimed she felt "compelled to sign a contract" agreeing to be a surrogate for her brother and his partner because she was living with them.

The siblings disagreed about what religion the girls should be brought up with, what school they should attend, and what they should be told about homosexuality. The child's mother and her mother, who cares for the twins, have strong beliefs about homosexuality. The siblings also disagreed about what the girls should be told about the surrogacy process.

Because of the bitter animosity between the siblings, the judge ruled against joint legal custody. While he thinks the girls' mother is a suitable parent, the judge said their biological father should have full custody.

The attorney for the two men called the judge's ruling a triumph for diversity and tolerance.

The mother's attorney said the father's sexuality had nothing to do with the case. He said whether same-sex couples can be good parents has not been an issue in New Jersey for 35 years. He added his client might appeal the judge's ruling.

Source: The Star-Ledger, "N.J. gay couple fight for custody of twin 5-year-old girls," Ted Sherman, Dec. 20, 2011.