Monday, July 9, 2012

What makes a parent?


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.

All things considered, the question that should fuel the decision in the assembly becomes what are the benefits of SB 1476? And do they outweigh any possible negative effects? What do you think? Will SB 1476 help to redefine family structures and bring custody issues into the modern ages; or will it confuse the already muddy topic of who has rights and responsibilities when it comes to raising a child in today’s society? Additionally, is it something necessary in society, certainly one can act as a parent and influencer in a child’s life without documentation that they have taken on such a role. Is this issue important in promoting acceptance of the growing number of family types? Regardless of the outcome of SB 1476, we all can be certain that it takes a village to raise a child and the child’s influencers and caregivers often include parents, grandparents, other relatives, close friends, teachers, coaches and of course, nannies!