The nuclear family. Even the
expression seems somewhat dated in 2012. These days many
people believe a mom, a dad and 2.5 children isn’t
necessarily required to create a happy and loving environment where
children can thrive.
Now a days families come in all shapes and forms: single parents;
two mom households; two dad households; single parents and another relative or
grandparent. This list could go on and on but legally speaking, there is one
restriction, a child may have only 2 legal parents. This legality then excludes
many other kinds of families such as two parents and grandparents or additional
relatives all raising a child together; same sex parents plus an additional
biological parent; biological parents plus a surrogate or donor; blended
families and more. Shouldn’t all of these individuals have legal rights when it
comes to the children they are raising? California State Senator Mark Leno and
legislation SB 1476 believe they absolutely should!
This new legislation, State
Bill 1476, has been proposed by San Francisco Democrat Mark Leno. The bill has
passed the senate in California and is now in assembly. It would allow three or
more individuals to legally act as a child’s parents, in family structures
where it would be applicable. The bill does not expand the definition of who
can be a parent, just expands the number of those individuals beyond two.
As could be expected, the
reaction to this legislation has been large and loud. But what has been
somewhat surprising is that the logical backlash—concerned mainly with
legislative and judiciary ripples this bill may cause—has greatly surpassed the
social backlash. The Association of Certified Family Law Specialists note tax
deductions, citizenship, probate, public assistance, school notifications and
Social Security rights are all affected by legal status of parenthood. The
group’s president, Diane Wasznicky, mentioned that changes in the aforementioned
programs are only some of many unintended consequences they fear may arise. The
California Protective Parents Association brings forth the additional concern
that children may be forced to bounce between any number of multiple homes as a
result of custody battles. However, Attorney Catherine Sakimura of the National
Center for Lesbian Rights, an organization co-sponsoring SB 1476, notes that,
under the bill, judges must consider child stability when awarding custody and
visitation.