The following interview was recorded
live then transcribed by people and with voice recognition software.
The reasons for this article not appearing in video or audio and the
inclusion of a few noted edits is to protect the identity of the
family discussed in this interview. We are sad to have to report
that today there is still no answer for this mother as to her legal
rights to her child in the state of Virginia. We will continue to
follow this story and report what we can about the process and the
struggle of this heartbroken mother.
Tell us about the day your child was
born.
The day (the child) was born, we knew
going into it. She started having contractions. Essentially when she
woke up that morning, we kinda waited it out. She had plans of being
able to do everything in the world, not being the typical let
everybody help us out. We're gonna run errands..we're gonna do this
and...so about mid day that kinda changed and I was the typical
supporting parent saying "well your contractions are 10 minutes
apart. Oh! That looked like a good one, did that one hurt?"
Trying to figure out what to say, what NOT to say, finding out what
time shall we call the people, let them know what's going on, give
them time to get there, or time to let us get into it and then
arrive... we enlisted the help of a midwife, had to contact her
"what do you mean we're not
coming in yet? no! We're coming in NOW!"
And being told "No, you're not
ready yet. And then going into the hospital and it being a good,
Catholic hospital and being embraced by everybody was amazing -
Really?
Best experience in the world, and the
processes? I could tell the story like it was yesterday. It was the
best thing I've ever done in my life. I was, according to my midwife,
an amazing partner; supportive and talkative, looking out for the
best interest of my family. It was the most wonderful thing in the
world. I saw my (child's) head crowning and my midwife, being my
midwife, looked at me and...
It was amazing. And then to see (the
child's) face and think, My God, (the child) is more beautiful than I
could have ever pictured. and then holding (the child) and thinking
how could I be so lucky? How did I get this? Why do I deserve this
wonderful thing? It was the most amazing thing, and the best thing
I've ever done in my life and probably will ever do in my life.
Since that phenomenal day, two years go
by and you see this life develop, this personality come to fruition.
(The child's) identity takes shape and is reflective of both yourself
and your partner. You see parts of yourself in your child. And then
you notice your relationship is changing.
Do you feel comfortable talking about
the process of realizing that time with your child would be precious?
I realized my relationship had changed
relatively soon (after the child) coming home. But there's always the
adjustment with new parents, and its hard.. but then you get through
it. Your relationship takes the back seat.
That's reflective of all new parents
relationships, I think most everyone would agree...
Absolutely. Any new parent.. that's
just how it is, so it didn't seem wrong or off. But it continued. A
year down the road, it was still off, and it didn't..
...it didn't set in because I had no
belief it would ever change. I was just so focused -
Providing for your family.
Providing for my family and things we
did as a family which never changed. The things we did as a family
until the day they left never changed. We played as a family, we'd
run through the house together, we'd play hide and seek. The
interaction as a family was normal, but our relationship was never
the same. But in my head it never.. I never dreamed I need to start
planning for what happens? To this day I still have to pinch myself
and realize this is real. This is going on. It just.. until the day
they left, it wasn't a possibility that I wouldn't have my (child),
that I wouldn't see my (child) on a daily basis; that I wouldn't be
part of (the child's) life on a daily basis. It wasn't gonna happen.
Not possible, not plausible...not even
a possibility
It was a matter of the relationship is
tough right now but we will figure it out.
But unable to figure it out, the
relationship having come to its end... leaving amongst other things
the complication of parental rights. and Virginia is not a state
where custodial rights of same sex parents are clear or even
recognized in most cases. No visitation and involvement in your
child's life is at the discretion of your ex?
Yes, presently
Although in the 5 years you resided
here in Virginia had established a relationship, a home, a life
together. Shared a name. Took on the responsibilities of conceiving
a child. Took on the responsibilities of rearing a child, the way
that any other couple would with some extraneous circumstances that
really go to show how committed you were to family values and
building a life together. Not to make comparisons, but I think for
all parents and couples understand and relate to this, your role is
that of a father in these cases, and in some of those relationships,
you know rights of a parent, and usually the father, are not
reflected. But you're this child's mother, and you share the bond of
motherhood in the same ways, which is what makes the whole situation
that much more emotionally complex.
Right
So, relating this story to any mother,
a mother would understand if their child was taken from them. Any
father would understand the responsibilities that they work so hard
to provide and care for and perform those roles of taking care of a
family and establishing a family. You're suffering both of those
losses. Together, it's something that neither a mother nor a father
can appreciate fully. But other women in your situation can
understand and empathize. What process do you feel is lacking in
federal law and even state law? What provisions need to be made so
that you have legal rights to your child and cannot be at the whim of
another person?
I think Virginia was probably not most GLBT compassionate state to have chosen to raise our family but I had a job here and
that's why we did it. But with everything that Virginia does to try
to ensure that anybody who is not a married couple will have to fight
to make sure their rights are protected and that's as simple as going
back and making any law that unless it is actually marriage, no
documentation that is set up whether it is your power of attorneys,
your wills, anything else, it doesn't have to be recognized. Virginians
made sure of that by voting on it.
I don't care about anything other
than.. the fact is I made and provided for a family. I paid, in
Virginia, to conceive my child, I pay my taxes, we even buy local and
VA finest when we can. To do all the right things, and all I'm asking
is for my rights as a parent to be recognized
To allow you to have the rights to your
child and to your family.
I am no less of a parent than a 16 year
old who gets his girlfriend pregnant.
But you're much more of a parent than
that.
They have more rights than I do, yet
I'm the one paying into, from my stable job, this Commonwealth. I'm
the one that continues to support everything that's going on locally.
I'm the one that tries to be involved; tries to make a difference in
my community and I'm the one who's being shut out of it.
Do you just want to talk about the
importance of a partnership agreement? What it means and how you
have come to realize just how important legal matters are when
concerning parental rights. Tell us in your own words about your
situation regarding parental rights agreements.
We've been together about 7 1/2 years.
worked on trying to get pregnant for about 2 yrs..Because of my
initial concerns with a known donor we went through a sperm bank to
try to salvage my rights as much as possible. When finances ran out,
and just emotional effort was low, we finally decided to go with a
known donor because it's much a more successful rate - obviously. So
we did what we needed to do, putting both our names on the contract
with the known donor, did a legal name change to try to protect our
family. At that point, I didn't go further in pressing a parenting
agreement for the 'what happens if we don't work out?'
Because at times like that you don't
think about things like that. You're thinking about bringing a child
into this world... you are thinking this is forever... you are now
into a relationship 3 years.. maybe 4 years into the relationship and
end up spending another 2 years trying to get pregnant. What were
some of the things you went through when trying to get pregnant? The
processes?
It's challenging to go to doctors around
here ... they don't always get the basics of yes we know everything
we need to know about the background of getting pregnant because
we've researched it enough because everything has to be exact when
you're buying sperm because it has to be used within a certain period
of time or its not going to be functional anymore. Everything is
planned out to the day, the minute, the next cycle...the cycle after
that, so it's a non stop emotional roller coaster of planning 'What
happens if you do get pregnant? What happens if you don't?' Your
next step... being ready to go. You have to have the plans ready with
the doctor if that falls through because it's a weekend, because you
can't control when you're ovulating. Of course, they would like you
to.
(we even considered) What is our
backup plan? We learned to do the insemination by ourselves. You
don't go into wanting to have a family without thinking about all the
logistics that go along with it. It's not just go get drunk at a bar,
sleep with somebody and boom! you're pregnant.
Right...
So literally it was as many emotions of
wow this is great! This is exciting! It didn't take, let's move on
to the next cycle. Going through a couple of losses just adds onto
the emotional turmoil that is a constant until you get pregnant.
People don't get how intense the process is. You see everybody in the
world is pregnant when you're trying to get pregnant. You don't see
it before then, but as soon as you're trying, everybody you look at
is pregnant.
And also, just the.. most children are
born by an accident or..a blessing. But the dedication it takes for
the two of you; it really was a dedication. This was a desire to
build a family together. Proof positive both you and your partner had
to be in this together. It was certainly a-
That was the easiest part for both of
us because we both knew from the beginning. we came into our
relationship both knowing we were going to be parents. I've known it
since I was a child. I will be a mother. My partner was the same way.
So it was a very easy transition for us to have that dedication. it
wasn't a stretch. I know that for other couples it's been a matter of
'eventually we'll get there; we want to do this, this and this.'
For us it was 'how soon can we get there and feel we can provide a
good, stable relationship for a child?' We couldn't wait for that
time...and then going through with it turning into a business for
everybody. Finances are tough anyway. you add trying to have a child,
and the people who are in this business try to take advantage of the
fact that it is a desperate situation, a desperate moment for those
people.. and they can do whatever they want because we will do
whatever we need to do in order to have a child.
One of the things I hear echoing was
how strong your relationship was. You decided to have a child because
you had a strong, solid relationship, you knew in yourself that you
would be a mother; your partner knew in herself that you would be a
mother, you know throughout the whole process you didn't lose that at
all. Even when it came to fruition with the birth of your child you
were there. what is the process like on a relationship of having a
child together by means of AI?
Once we got pregnant it was the most
amazing time. I mean I loved every minute. I was at every
appointment. It didn't matter whether it was the random appointment
where we weren't going to find anything out. It didn't matter. I was
there. From the minute we found out she was pregnant I read to (the
child) every night. It's just such an amazing experience to be there
from the word go and know that I'm talking to my child, and you know,
every time I touch (the child) it was.. wow.. the most amazing
process, and then going through and getting the support of our
neighbors and our community, it was just amazing.
You really do have an amazing support
system, even to this day with you and your partner separated, your
neighbors are still here all around you, everyone hoping that your ex
can come to terms with the emotional blocks that right now affect
your lives and your child's life. There's been a number of people
that really have become very close to you through this process. Did
it surprise you that any of these couples, these people...did it
surprise you just how accepting and open they were when they learned
that you were to be mothers?
Sort of, I think we had established
ourselves so well in the community that it was a natural progression
just like any other young couple and so it was more of, I think, a
shock to have them understand what we went thought and clue them in
because we kept it quiet until the very end on what we'd done and on
how long it had taken us. And to see support from that was, I think,
more shocking for me, because I figured more people would just skim
over it and move on to 'great, you guys are pregnant!' But have them
really hear the time, effort, and persistence it took to get this
thing we really, truly wanted for our life--
And that thing was family.
Right
The neighborhood was great. I mean,
they embraced us. It was, I mean we couldn't have asked for more
support.
You're involved with your local civic
league, your neighborhood associations. You're involved with the GLBT
community on a number of levels, even being here today and being able
to talk about your story is something we know will motivate change.
The whole process of change has to begin with one person standing up
and a second person following.. and a third person following and
coming together, making that voice loud enough to say "Hey! We
need to be recognized here and we need to have some laws and legal
standings put in place."
The reality of the situation is I don't
want anything different. I want it to be equal. I want my life and my
(child) and my relationship to mean the same as anybody else. I don't
want anything special. I've never asked for anything special. I go to
work every day, just like everybody else. I put in my time and do
what I can to make my life, my neighbors' lives, everybody in my
world have a better time and have a better place to be. All I'm
asking is that I get the same respect that I'm giving everybody else
and Virginia doesn't have to do that and they won't, until enough
people start standing up but it's gonna be the last thing they do. It
doesn't matter to them. It doesn't matter that I'm the squeaky clean
neighbor who is boring on all accounts.
You ARE the squeaky clean neighbor. You
have less of a social life than anyone I know. I say that a little in
jest, but honestly your life really is devoted to family and work and
helping people; a couple with grown children of their own with whom
you share a bond that's like family, every neighbor, you know their
name and have been there for in one way or another. We see you out
helping everybody all over the place. Even personally, with the
people (my interns) I've introduced you to, you take time to help and
give attention to... and really do it all.
Your child. What do you want your child
to know of this situation?
I would love to protect my child from
all of this. I never want (the child) to know what it was like for
me. Its not important right now. If, when (the child) turns 18 and
wants to know why I wasn't there then I want to be able to give an
honest answer without any anger or judgment to it. The only thing I
need (the child) to know is that I WANTED to be there. The rest of
it is my relationship with my ex, and that's where that needs to
stay. The only thing that is important with (the child) is that I
love (the child) and I would do anything to have (the child) in my
life on a daily basis. (The child) is what makes my world complete.
There's not a day that goes by that I don't cry, that I don't miss
(the child) . There's not a day that goes by that I don't regret not
doing a parenting agreement. There's not a day that goes by that I
don't think 'if I had done one thing different in my relationship,
maybe it would have changed where we are now.' It doesn't matter, I
don't think the relationship is what I want back but I desperately
want my (child) back, so much that I would do anything to make that
so.
I think that's probably the most noble
answer to a question I've ever heard. I think one of the key points
is that you don't want your child to know what you're going through
and you've taken these measures by sharing your story and hopefully
educating some of our public and rallying other parts of our public
to be aware of this, so this doesn't ever have to happen with any
other couple and that it doesn't need to continue to keep you from
your child. An important process in establishing cooperative
parenting rights, the equal rights of parents, the shared custody of
their child is beginning now for you. You're looking into some of the
legal sources and legal recourse to ensure that you have a
relationship with your (child). How are you finding these things in
Virginia?
I think that no matter where you look
right now, its hard to find a case that speaks to what you're going
through. You can piece together 50 different pieces and it still
doesn't look like your case. I thought I was doing as many things as
I could to protect again, my family, not myself. So you try to
think..we're changing the name so we won't have trouble at the
hospital. We're changing this and we're doing this. You're checking
off those boxes but it doesn't matter.
Its really to build the family, not to
protect rights.
Right, and I think that's where the
difference is. I mean, you can look and I can piece together
different pieces of law that would be helpful here and there and I've
talked to different lawyers who say "Well your case looks great
because you did A, B and C to start with." But it doesn't
matter. The reality is that if something happens in Virginia, its
gonna be depending on who I'm sitting in front of that day and what
they feel like.
Its not a matter of law-
Its not a matter of law, its a matter
of judgment. Its a matter of "I think this so it doesn't matter
that you've been a provider to this family. It doesn't matter that
they were on your insurance. It doesn't matter that you all went into
this together. It doesn't matter that you have documentation showing
power of attorneys, living wills, everything you can think of legally
to try to protect you." It doesn't matter. None of it does. Its
a throw of the dice and we'll see what happens. To me, that's the
worst thing anybody can ever tell me. They can do that with my life,
you can do that with whatever. Do NOT do that with my (child).
What would you ask of your fellow
Virginians to do?
I can give you an example. When the
vote came up several years ago and essentially it was anything that
was made to look like a law that anything that represents any rights
of a married couple, they are voting up or down. I think that too
many people couldn't see their own situation in that. It was taken
from the other side that this was just a gay agenda, let's shoot it
down, it'll be fine. But its not. A straight couple that is not
married will be affected in the same way. Obviously, when it comes
down to paternity issues there's more recourse there but as a general
rule, everybody knows somebody that's effected and you may not know
it. That's where our community needs to step up and be open and out
and live in the community that way. Because then your neighbors do
know how it effects others. Everybody in this neighborhood knows when
they went to vote that day how it would effect me.
Even just the other day the support of
your neighbors and the compassion.... It really is a
neighborhood..... You're part of it and its part of you. Living out
and being proud of who you are as a family, as a provider, as a
person.
That's where we make a difference. We
don't have to show how we're different. Its showing them how we are
exactly the same as the neighbor on the other side. We eat dinner at
6:00, we're in bed by 10. Well, some of us. (laughs) We're not any
different. We get up early, we go to work. We're just as boring as
your neighbors on the other side. Our goals are the same, to have a
family, to be happy. To do a neighborhood BBQ. We started trying to
do things in the neighborhood to bring the neighborhood together. We
did a brunch. It started out around Easter, but we wanted to include
everyone so it was just a brunch. We hid eggs and we did a pot luck.
Everyone in the neighborhood came,
whether they had kids or not. We just enjoyed each others company and
it was the coolest thing, It was not the first time like we feel we belonged
here, we felt that immediately but it was nice to bring so many people, different people together.. It was amazing how many people responded. It was like nobody
had done that before. We brought all the different worlds
together. We have many
different aspects here in the neighborhood that bring the community
together, but it was something special - something revolving around
our families... and to see everybody be so excited and it was
something so easy.
But it just made it part of.. this is
normal. That is what they saw. It wasn't "going to the lesbians'
house" for this. It was going to a brunch, and we're gonna do
all these fun activities for the kids, and the parents were just
gonna be parents and complain about work, or complain about the grass
getting too high; the same things you hear no matter who your
neighbor is. No matter what happens, Virginia is Virginia and it is
gonna drag its feet, doing everything it can to stay good, southern,
bible-belt...everything they want to be. The more we stand up...
You've made a difference in your
neighborhood. Within a dozen blocks squared you have touched people's
lives.
Absolutely.
And you know when THEY go to vote, they
vote with a new conscience; a new consciousness, conscientiousness.
My hope is they talk to their families
and their friends...
This is something we can only hope to
encourage.
You have to be comfortable, and it
doesn't have to be a family. It doesn't have to be that unit. When
you're comfortable to stand up as an individual and say "I
matter, I'm part of this neighborhood, part of this world... I'm no
different than you. The more people that do that, the more people
that live that life, that's what we need to focus on, not the
wonderful movies that portray everybody in boa's and flannel. Our
community is just an amazing community. We just need to have the
right people standing up and saying "Look at us, we're boring,
just like your neighbors."
I think that's a really good point to
make is that conceptions of our community have been skewed by some
very loud, colorful and at times militant individuals. Respect for
our community can best be achieved by accountable and responsible
persons speaking up politely and intelligently and bringing light to
stories of real people leading real lives affected by real issues and
too often injustices - I think that you're certainly an example of
this and I'm only sorry that at this point in the process of custody
proceedings with your child and the relationship with your ex being
as it is, we can't share who you are and that's a very shameful part
of the society that we live in now. So many of us are forced into
these cloisters. It really is very brave of you emotionally...
Its sounds very hypocritical now,
looking at me saying "Stand up and be counted", but the
reality is, no matter what, my (child) is first and foremost. I'm
counted every single day, but my reality is...
This is about custody. You're very out
in your public life.
Absolutely
This is simply a matter of we don't
reveal who you are because of custody issues. I bring that up because
I want the public that reads this to understand the difference
between being out, which you are.. both you and your partner, to
family, friends, work, church, everywhere. You certainly do not live
closeted. The only reason for protecting your identity tonight is
because of custody.
My (child) trumps everything.
And (the child) should! We need give
the same attention as we would to a heterosexual couple who was going
through the same custodial complications. We must continue ensuring
family values, protecting child and parental rights.
The GLBT community is family values
every family is valued.