Bakersfield Californian
Mom's Partner Adopts Kids to Solidify Relationship
Lesbian couple encounters legal barriers in health care
issues
By JENNIFER BALDWIN , Californian staff writer,
jbaldwin@bakersfield.com
December 19, 2004
Rachele Adair and Sandy Cruz see two halves to marriage:
the emotional side, which cements a bond of love; and the contractual side,
which legalizes a financial commitment.
Marriage gives straight
couples both of these in one action.
But Adair, 32, and Cruz, 40, have
jumped through a lot of hoops to make their partnership as close to a
marriage as possible.
The Bakersfield couple were friends for about 10
years before they fell in love. But love has no legal bearing.
As
soon as they moved in together, they secured durable powers of attorney
so they could make legal decisions for each other if one becomes
incapacitated. They also obtained a legal document giving Cruz permission
to make medical
decisions for Adair's toddler son, Conor, who was fathered by
a sperm donor and born to Adair before she dated Cruz.
But their
love and documents did not make them a family in some people's eyes. They
were reminded of this one day when Conor was severely ill. At the
hospital, the nurse argued that Cruz could not be listed as next of kin
because she was not a blood relative.
The next time Conor needed to
go to the hospital, Cruz went armed with the legal document. Conor was to
have a swollen lymph node removed and Cruz, who quit her job at the
Alliance Against Family Violence to be a stay-at-home mom, was ready to
sign the intake forms.
"Who are you?" the admitting nurse
said.
"I'm his mom," Cruz said.
"No you're not," the nurse said.
"These are not adoption papers."
"While he's sitting right there,
watching, the nurse said, 'I have the legal right to remove you from the
hospital.' She said, 'You're not the birth mother. You cannot sign for
him,'" Cruz said.
Adair, a surgeon's assistant, was working in the same
hospital so, finally, the nurse pulled her out of surgery to sign the form.
Realizing they needed to further legalize their relationship, Adair and
Cruz decided to join the state registry for domestic partners, gaining
about 20 rights that come with being married -- including the right to use
the step-parent adoption process for Cruz to adopt Conor.
To further
strengthen their bond, they also planned a commitment ceremony, which they
wanted to resemble a real wedding.
On Nov. 21, 2002, they walked down the
aisle of Unitarian Universalist Fellowship of Kern County -- Adair in a
white dress and Cruz in a black suit -- and said "I do" before their
friends and family. Their friend, an ordained minister and also a lesbian,
performed the ceremony.
"It was important to both of us to have it done
in a church," Cruz said. "Culturally, in my family, you get married in a
church."
The couple waited until Adair gave birth to their second son,
Sean, nine months ago, for Cruz to adopt both of them.
Including
the adoption fees, they've spent about $5,000 on what would otherwise have
been free if they had a marriage license.
Additionally, they pay $650 a
month for Cruz to have health insurance since the hospital where Adair
works does not offer domestic partner benefits.
Even with a new law
taking effect Jan. 1 forcing insurance companies to include domestic
partner benefits, the hospital won't have to offer the benefits because it
is self-insured.
But the couple vows to continue doing whatever is
necessary "to make sure our relationship is as legal as we can get it," Adair
said.
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