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Entries in Birth Certificate (3)

Friday
Feb082013

Miami Judge Allows Three Names on Birth Certificate

(MIAMI) -- Few people can say that they legally have three parents, but 23-month-old Emma Filippazzo will be able to after a Miami-Dade county judge signed off an an agreement that a lesbian couple and a gay man are all parents of the child, stating it on her birth certificate.

Hair stylist Massimilano Gerina of Miami Beach met lesbian couple Maria Italiano and Cher Filippazzo in 2006 when they became clients of his, eventually building a strong friendship. Italiano and Filippazzo were trying to conceive and approached Gerina first in 2008 and then a second time in late 2009, to be the father of their baby.

“They wanted me to be the father of the baby, because they liked me and my look and how I am Italian like Maria is,” Gerina said. The trio originally had a verbal agreement where they discussed that “I was going to be the father of the baby and I would be able to see her whenever I wanted. I never thought about papers and I assumed that it was going to happen period, without thinking of the legal point of view.”

According to Gerina’s lawyer, Karyn J. Begin, “The insemination took place in a private setting, where he [Gerina] was the donor and the other parties were in communication with each other through the entire time."  

“We thought we were going to try for months, but it happened in an amount of days," Gerina said. "It was so fast we did not even think about papers.”

Although Gerina thought he was going to be a new father that almost changed when Italiano and Filippazzo asked him to sign paperwork stating that Gerina would only be considered a sperm donor and have no parental rights to the child.

“I was shocked," Gerina said, "I did not see that coming and I felt a little betrayed.”

That’s when Gerina sought legal action from Begin, who had handled a similar case before.  Although Begin warned her client that it was going to be a long and painful process, Gerina filed a paternity lawsuit after the birth of his daughter Emma, who was born on March 10, 2011.

“I gave him options,” said Begin, "and we ended up finishing this case after two years of litigation, because both parties reached an agreement as to how they were going to approach their family for the future.”

According to Florida law, sperm donors do not have any parental rights. However, Begin stressed that this case was not affected by this law and does not affect the current Florida law, because there is an agreement between the two parties.

After the two-year legal battle, when Gerina was not permitted to see his daughter, Judge Antonio Marin signed off on an agreement reached on Jan. 31, granting Gerina weekly visits with Emma for several hours, at the mothers’ residence or an otherwise agreed upon location.  Emma’s birth certificate was issued with all three parents’ names on it.

“I am the father and I have visitation, but legally speaking, they [Italiano and Filippazzo] are the parents, but that does not exclude me from Emma’s activities or major decisions,” Gerina says.

Gerina says that he is still good friends with the couple and “whatever happened we put it in the past,” and that he does not think any less of them because of what transpired.

Gerina says he sees his daughter all of the time now and is constant contact with the couple on how she is doing.

Copyright 2013 ABC News Radio

Thursday
Aug182011

'Birther' Air Force Sergeant Getting Discharged

Paul Katz/Digital Vision/Thinkstock(WASHINGTON) -- Air Force Staff Sgt. Daryn Moran is getting his wings clipped, presumably for insisting that President Obama wasn't born in the U.S.

The U.S. Air Force in Europe said Moran "is currently outprocessing for discharge from the Air Force, which was previously approved by his commander on August 4th."  There was no statement explaining the reason for the discharge.

The final straw apparently came when Moran, a hero of the so-called "birther" movement, refused to report to duty in Germany where he was previously deployed.

Over the past week, Moran has taken to online forums and his Twitter account to denounce the commander in chief as "a criminal" and "the enemy" while claiming that Obama was not born in Hawaii, as his birth certificate has shown.

Moran has also been outspoken about his opposition to the repeal of "don't ask, don't tell," which will allow gays and lesbians to serve openly in the military.

Copyright 2011 ABC News Radio

Wednesday
Jan052011

Opponents of Illegal Immigration Target Birthright Citizenship

Photo Courtesy - Getty Images(WASHINGTON) -- A coalition of state legislators say they will unveil a plan Wednesday to prevent illegal immigrants' children from becoming citizens at birth.

But instead of proposing a change to the Constitution, which has established birthright citizenship under the 14th Amendment, the lawmakers are expected to advocate a state-by-state approach to blocking issuance of state birth certificates to unqualified children.

"We're announcing a change to state laws that each state could adopt that will move us in the direction of insuring that the 14th Amendment is applied correctly," Pennsylvania State Rep. Daryl Metcalfe, who founded the coalition, told ABC News.

Metcalfe said he's alarmed by the burgeoning size and cost of America's illegal immigrant population, estimated at 11 million, and whose offspring in the United States would be able to sponsor their parents and relatives for legal residency.  The children are sometimes referred to as "anchor babies."

Metcalfe and a group of conservative constitutional scholars who helped draft the state-level plan said they believe their legislation will pass muster during expected court battles because of a careful interpretation of the text of the 14th Amendment.

The amendment, enacted after the Civil War to grant citizenship to descendants of slaves, reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."

"Just because you're born on American soil did not mean that you were granted American citizenship automatically," Metcalfe said.  "You had to be under the 'jurisdiction thereof,' including that geographic location.  'Jurisdiction thereof' was meant and was directly correlated to having an allegiance to our country by the parents." 

Copyright 2011 ABC News Radio







ABC News Radio