Good News for Transgender Parents

Contact: Shane Caya, Manager, Transgender Family Law Project (415) 865-0135 Christopher Daley, Director (415) 865-0176

California Supreme Court Decision Great for Transgender Parents

September 2, 2005

San Francisco, CA - The Transgender Law Center applauds a recent landmark decision by the California Supreme Court that will bring a lot of security to some transgender parents. In its August 22nd decision in Elisa B., the Court held that two people are considered their child's legal parent, with the rights and responsibilities of parenthood if they had the child together through assisted reproduction and parented the child together. While neither parent in this case is transgender, the court's conclusion can directly be applied to transgender people who plan to have a child through assisted reproduction with their partner or spouse.

"For many transgender parents, the thought of losing custody of your child is terrifying," said Shane Caya, Director of the Transgender Family Law Project at TLC. "This decision goes a long way towards addressing the fears of anyone in this type of situation that they will not be treated as their child's parent because of their gender. And thankfully for the children involved, it also means that these parents have the same legal responsibilities as any other parent."

In deciding Elisa B., the Supreme Court wrote: "A person who actively participates in bringing children into the world, takes the children into her home and holds them out as her own, and receives and enjoys the benefits of parenthood, should [have the rights and responsibilities of a parent] - regardless of gender or sexual orientation."

"TLC extends our gratitude to the parents, advocates, and organizations involved in winning this case," said Christopher Daley, TLC's Director. "Once again, California has affirmed what many of us already knew: gender identity and sexual orientation shouldn't matter in determining who has parental rights and who makes a good parent."

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Transgender parents in California with questions about this cases or their own rights should contact Shane Caya at (415) 865-0135 or shane@transgenderlawcenter.org.

Copies of Elisa B. can be downloaded at the website of our partner, the National Center for Lesbian Rights (www.nclrights.org)