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Nino Esposito and Drew Bosee

This same-sex couple want to get married... but are already father and son

It comes down to a snag with the adoption laws.

A SAME-SEX couple in the United States has come up against a rather unusual stumbling block to their getting married.

The problem comes from previous efforts the pair have made to be legally recognised as a family.

Prior to same-sex marriage being legalised nationwide, some couples in the United States used adoption laws as a proxy measure.

Nino Esposito, 78, adopted his partner Roland ‘Drew’ Bosee, 68, three years ago after they had been together for more than 40 years.

According to CNN, the pair are now seeking to undo the adoption and get married – a request that has been blocked by a state trial court judge due to restrictions on annulling adoptions.

Speaking to the news outlet, Bosee said that the adoption had “given us the most legitimate thing available to us” at the time they carried it out.

According to the Washington Post, the benefits that Bosee and Esposito would have seen medical, legal and financial benefits from the adoption.

A difficulty for the couple is that Pennsylvania is a state that considers relations between adoptive parents and their adult children to be incest. 

The couple were surprised at being unable to get their adoption annulled as the judge examining their case, Judge Lawrence O’Toole, has a reputation as being progressive on LGBT issues.

While O’Toole said that he understood their situation, he was clear that he did not believe the state law gave him the ability to dissolve the adoption, and that the case would have to be elevated to an appeals court. 

Last month the New York Times looked back over a history of gay adult adoption in the United States, speaking to several couples who had gone down that path.

Read: Gay couple asked to leave Dublin restaurant for holding hands

Also: TV and radio watchdog reject complaints that Chris Donoghue was ‘rude and hostile’

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88 Comments
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    Mute stephen kavanagh
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    Nov 5th 2015, 4:57 PM

    Hilariously provocative headline

    551
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    Mute Niall O' Sullivan
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    Nov 5th 2015, 5:00 PM

    Wait until they find out the son is pregnant,.

    371
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    Mute Valentino R
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    Nov 5th 2015, 6:38 PM

    Who’s your Daddy?

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    Mute Paul Roche
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    Nov 5th 2015, 6:44 PM

    Woody Anal?

    47
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    Mute Paul Roche
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    Nov 5th 2015, 7:14 PM

    * damn autocorrect.

    28
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    Mute Neal Ireland Hello
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    Nov 5th 2015, 4:57 PM

    They are not father and son. I feel used.

    344
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    Mute lotto blotto
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    Nov 5th 2015, 5:06 PM

    I want a dna test! !!

    105
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    Mute Brendan Harlowe
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    Nov 5th 2015, 5:01 PM

    Well the NO side said this would happen.

    286
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    Mute Guy Incognito
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    Nov 5th 2015, 5:01 PM

    Didn’t bother reading the article eh?

    34
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    Mute Paul Fahey
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    Nov 5th 2015, 5:02 PM

    I think Brendan was joking. They also said the “gays” would steal my children and they haven’t, it has left me questioning what is wrong with my children.

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    Mute Brendan Harlowe
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    Nov 5th 2015, 5:03 PM

    I did, didn’t bother picking up a sense of humour?

    131
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    Mute Wrath of Cheney
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    Nov 5th 2015, 5:24 PM

    Paul they prefer to fly to Thailand and steal children from destitute Thai women.

    69
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    Mute Paul Fahey
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    Nov 5th 2015, 5:26 PM

    Wrath – please supply a link with all the stats one facts on these “gays” “stealing” Thai children.

    94
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    Mute Richard Cheney
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    Nov 5th 2015, 5:36 PM

    You’ll be waiting a while Paul,Wrath is like a billion hacks from The Sun rolled into one,Urban Dictionary are looking at ways to describe his behaviour as sensational fantasist no longer covers it!

    44
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    Mute Wrath of Cheney
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    Nov 5th 2015, 5:36 PM

    http://uk.reuters.com/article/2015/07/24/uk-thailand-usa-baby-idUKKCN0PX13F20150724. They used to prey heavily on poor Russian women until Putin put his foot down to protect them.

    51
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    Mute Richard Cheney
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    Nov 5th 2015, 5:41 PM

    The world will be a better place when religious homophobes understand that once-off,anecdotal evidence cannot be used as scientific data to prove a point,in the meantime they will continue to throw rocks at passing trains from their caves.

    61
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    Mute Paul Fahey
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    Nov 5th 2015, 5:52 PM

    Wrath – so it was a surrogate arrangement which the surrogate mother changed her mind over. Not quite the same as “gays stealing Thai babies” now is it. It may surprise you to know, but heterosexual couples also use Thai surrogate arrangements. Thus another one of your points is mute, you are consistent I will grant you that.

    48
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    Mute Wrath of Cheney
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    Nov 5th 2015, 6:01 PM

    Paul as you can see from the article the childs mother was deceived and when she wanted to keep her child the gays did try and steal her and flee the country. Disgusting that they prey on poor destitute women like that many poorer countries ought to follow Putins lead to protect the women and children of the country.

    40
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    Mute Paul Fahey
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    Nov 5th 2015, 6:05 PM

    Wrath – you and Putin make a lovely couple, perhaps that is your issue. It was a surrogacy arrangement the lady tried to back out of, hence the court hearing. As I said heterosexuals use surrogacy too.

    29
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    Mute Wrath of Cheney
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    Nov 5th 2015, 6:06 PM

    Buying and selling of babies is repugnant it is a trade on human beings. If it wasnt so essential to the gays amnesty international would be calling it human trafficking.

    41
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    Mute Wrath of Cheney
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    Nov 5th 2015, 6:13 PM

    India, Nepal and Thailand have recently banned commercial surrogacy because gays were preying on their vulnerable women.

    32
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    Mute Larissa Caroline Nikolaus
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    Nov 5th 2015, 6:16 PM

    Don’t bother to try and educate Wrath, the poor fella is drunk on Putin and admiration for all right wing extremism

    34
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    Mute Daniel De Síne
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    Nov 5th 2015, 6:35 PM

    Seems certain persons with an obvious agenda dont like facts being thrown at them. You were asked to provide the link to back up your statement and you did & since then because you have given some evidence for the basis of your statement you are being berated!
    I agree children should be allowed decide if they wish to have a mammy & daddy or a mammy and mammy or daddy and daddy combination.
    The children are most impacted by this decision so their voices should heard the loudest.
    I have no religious agenda just a common sense non pc approach.

    25
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 6:39 PM

    Jesus Wrath You cant even troll right. One of the gay couple is the natural father to the child. Are you saying that the fathers should have no rights to their own children?

    “India, Nepal and Thailand have recently banned commercial surrogacy because gays were preying on their vulnerable women”
    Really because gays were preying on their vulnerable women ” Can you explain then why 99.9% of all commercial surrogacy’s are for straight couples?

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    Mute Wrath of Cheney
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    Nov 5th 2015, 6:39 PM

    Daniel imagine being that poor child in fifteen years if it is taken by the gays. She asks what happened to her mother “oh she gave birth to you and wanted to keep you but we took you from her and fled the country”. It’s disgusting to buy and sell children, they are human beings not goods to be exchanged in a financial transaction without any say in the matter.

    24
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 6:43 PM

    Wrath Replace the word gay with straight. And tell us what you think. Commercial surrogacy is wrong regardless of the sexual orientation of the couple. Don’t try to make it a gay thing to support your homophobic agenda.

    25
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    Mute Paul Fahey
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    Nov 5th 2015, 6:48 PM

    Daniel – but he did not back it up with facts, nobody stole a child it was a surrogacy arrangement with one of the men the biological father. Of course you don’t have a religious agenda, why would anyone think you do?

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    Mute Paul Roche
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    Nov 5th 2015, 6:49 PM

    Why not?
    Alan Shatter did.

    12
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    Mute Tony_Kilduff
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    Nov 5th 2015, 6:49 PM

    Wrath, don’t waste your time, they’re not interested in what the child wants or what’s best for her as long as they can play happy families.

    22
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    Mute Paul Fahey
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    Nov 5th 2015, 6:53 PM

    Tony – the child was six months old how are we to know what she wants?

    19
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    Mute Wrath of Cheney
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    Nov 5th 2015, 7:17 PM

    When animals traffick women from country to country without their consent it is called human trafficking but when it’s babies being trafficked from country to country without consent they call it surrogacy.

    22
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    Mute Paul Fahey
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    Nov 5th 2015, 7:21 PM

    Wrath – in abortion debates you argue for the consideration of the biological father to be considered, but in this occasion you don’t want his position to be considered, now why would that be. Now run along the local church is looking for a new end of their bell and they think you are the man for the job.

    16
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    Mute Wrath of Cheney
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    Nov 5th 2015, 7:31 PM

    Could you please link me to where I said that Paul, you’re just putting words in my mouth now. Usual vitriol from people of your political persuasion once they start losing the debate on the issues.

    15
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    Mute Wrath of Cheney
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    Nov 5th 2015, 7:32 PM

    I am proud to be pro life and anti human trafficking in all forms not just the ones amnesty doesn’t like.

    19
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 7:34 PM

    Actually tony that would be you who is not interested in what the child wants. Shur weren’t you advocating in the lead up to the marriage referendum for all the children that were happy with their gay parents to be dragged away from from them and placed for adoption against there will. What is it you said to justify it? O ya The children wouldn’t know any better till they are 21. Even tho you couldn’t find any adult children raised by gay parents that had a problem with it. I provided studies that should hundreds of children and now adult children were happy. O but that was nonsense according to Tony. He knew better then the people involved themselves.
    Don’t deny it now Tony You know that I can provide the evidence. I did it before.

    8
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 7:40 PM

    @ Wrath. If you are were truly anti human traffic in all its forms you would not be using a story about a natural father fighting for the right to his own child and calling it human trafficking in order to get in a cheep shot at gay people. That is insulting to the real victims of human trafficking. You should be ashamed of yourself and not proud.

    7
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    Mute Larissa Caroline Nikolaus
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    Nov 5th 2015, 7:50 PM

    @Wrath, you’re in no way pro-life, you couldn’t give a dann about any child or the rights of the mother, or the rights of a same sex couple, all you want is, to spread your hate and ignorance and not to be challenged on spreading lies

    13
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    Mute Wrath of Cheney
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    Nov 5th 2015, 7:59 PM

    Shut up Larry you buffoon.

    19
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    Mute Paul Fahey
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    Nov 5th 2015, 8:05 PM

    Wrath – more hypocrisy from you, complain about vitriol from others then call Larissa, Larry, call her a buffoon and then tell her to shut up. You really are a complete twunt!

    14
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    Mute Wrath of Cheney
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    Nov 5th 2015, 8:20 PM

    Ye Paul I’m sick of the one way Street with the vitriol time to throw some back.

    15
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    Mute Paul Fahey
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    Nov 5th 2015, 8:22 PM

    Wrath – word of advice, if you were not such a hateful fella you may not get any abuse, but I will leave that to you.

    12
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 8:33 PM

    Any responce to my comments about the vitriol things you have posted here Warth?

    9
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    Mute Wrath of Cheney
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    Nov 5th 2015, 8:47 PM

    Paul there isn’t an ounce of hate in my body I am opposed to a commercial trade of babies and the exploitation of poor and vulnerable women.

    12
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 9:05 PM

    Wrath there is lots of hate in your body. Earlier you said “India, Nepal and Thailand have recently banned commercial surrogacy because gays were preying on their vulnerable women.” That is not true. The banned commercial surrogacy because because couples were preying on vulnerable women. 99.9% of them who happens to be straight and not gay. But you used the plight of these vulnerable women to gain another cheap shot at gay people. How is that not at the very least a lack of respect for these women. You are a hypocrite when you say you are opposed to a commercial trade of babies and the exploitation of poor and vulnerable women. You only used this story in order to incite hatred towards gay people by portraying the fallacy that it is only gay people that are exploiting these women. Explain why you done that if there isn’t an ounce of hate in your body.

    7
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    Mute Ger
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    Nov 5th 2015, 9:44 PM

    Wrath I would take you comments more seriously if you didnt throw in the phrase “the gays” in every one. Despite the fact ( as has been pointed out to you multiple times but you ignore ) the vast majority of people who avail of surrogacy services abroad are heterosexual couples. The fact that you ignore this statistic and choose to focus on “the gays” suggests that you are less interested in the welfare of the kids or the surrogate parent and more interested in bashing gays. Feel free to respond to that particular point to set me straight.

    Also everyone on this page would be opposed to human trafficking, so dont play the hero with the moral highground. But just because you call something human trafficking doesnt make it so.
    Does surrogacy need to be better regulated? For sure it does. But all this nonsense about kids not being consulted about having surrogate parents is just that, nonsense. NO CHILD gets to chose their parents…NONE, so thats a completely moot point.

    Also legally surrogate mothers dont usually have rights because of the following facts. Another womans egg is used so the person who bares the child is only a host. Now I know you are going to jump all over that statement but im not giving my opinion on it, im stating a fact. So the woman who bares the child isnt usually genetically attached to the kid. Thats all part of the legal contract.

    So when you say its children trafficking its really not, because its not covered under that law. Again im not expressing my opinion on it, just giving you the facts.

    Can you tell us why you are so fixated on “the gays” using surrogacy when they make up a small percentage of the people using the service? Answer with facts and honesty, like I just did.

    9
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    Mute Paul Roche
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    Nov 5th 2015, 9:50 PM

    You lied Ger.
    Try reading the Supreme Court ruling on surrogacy. Stop trying to make a nonsense of civil registration.

    6
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    Mute Ger
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    Nov 5th 2015, 10:11 PM

    Where exactly did I “lie” Paul and why would the Supreme Court have anything to do with surrogacy in Russia and the Far East and American couples?

    7
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    Mute Ian Phillip Creaner
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    Nov 6th 2015, 6:35 AM

    Pro stick my nose into other people’s lives is what you are. Just like all the other rosary bead rattlers.

    3
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    Mute Ian Phillip Creaner
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    Nov 6th 2015, 6:38 AM

    “SHUT UP” ???? You’re really showing us all how to win a debate. You have shown us so kindly what a poisonous little toad behaves like.

    3
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    Mute Guy Incognito
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    Nov 5th 2015, 4:58 PM

    This is being reported by conservative media as ‘father and son seek marriage license under new same sex marriage laws’ for obvious reasons, kind of hoped the Journal wouldn’t go down the same clickbaity route.

    179
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    Mute Niall O' Sullivan
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    Nov 5th 2015, 5:02 PM

    hahaha the Journal is more clickbait than any of them ffs. You’re lucky it was this tame.

    108
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    Mute TheBull
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    Nov 5th 2015, 7:11 PM

    Lol, have you never been on the journal before? it gave up the pretence of journalism long ago. It’s the comments section that keep this site alive.

    30
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    Mute Symbolism
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    Nov 5th 2015, 5:02 PM

    Who’s the Daddy ?

    44
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    Mute Niall O' Sullivan
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    Nov 5th 2015, 5:12 PM

    “A difficulty for the couple is that Pennsylvania is a state that considers relations between adoptive parents and their adult children to be incest”

    So legally their relationship is in fact incestuous if they are currently sexually active? Seems there’s one law for us, and another for 2 gay pensioners who are father and son wanting to get married.

    36
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 6:57 PM

    Before you get two excited there Niall on your old homophobic agenda. This thing happens far more often with straight people than gay people. The only difference is that in this case it was only an agreement as a way around discrimination and these straight cases are about real incest.

    http://www.dailymail.co.uk/news/article-2915094/I-lost-virginity-d-never-felt-comfortable-man-Daughter-plans-marrying-father-talks-taboo-relationship.html

    http://www.worldwideweirdnews.com/2014/03/w9043.html

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    Mute Niall O' Sullivan
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    Nov 5th 2015, 7:02 PM

    Legally it’s incest, but because they are Gay, no-one in mainstream media is gonna call them out on it. They would of course, have known this before they decided to go the adoption route. And whereas I’d have some sympathy with their plight where rights are concerned, next time a genuine incest case comes before the courts, I’m sure their defence will point to this case and the fact no charges were pressed. In fact, they were given huge publicity and happily took it.

    13
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 7:10 PM

    ” because they are Gay, no-one in mainstream media is gonna call them out on it.” himm I wounder how did it get on the journal?

    “whereas I’d have some sympathy with their plight ” lol Who do you think your fooling Niall? I would say you jumped for joy when you read the headline.

    5
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    Mute Niall O' Sullivan
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    Nov 5th 2015, 7:19 PM

    I’m not homophobic. I’m just rainbow-coloured-avatar phobic.

    17
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 8:01 PM

    “avatar” so you think the fight for gay rights is the incarnation of evil. That would just make you nuts. You should look for help.

    5
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    Mute Larissa Caroline Nikolaus
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    Nov 5th 2015, 8:52 PM

    @Niall, maybe you’re just an a$$hole

    5
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    Mute James Darby
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    Nov 5th 2015, 5:32 PM

    I am my own grandpa.

    39
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    Mute Tap Solny
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    Nov 5th 2015, 5:06 PM

    Where is the mother?

    35
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    Mute Niall O' Sullivan
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    Nov 5th 2015, 5:14 PM

    They take turns.

    36
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    Mute Karen Marten
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    Nov 5th 2015, 5:35 PM

    How is an over 60 year old adopted they have crazy ways and laws in USA

    22
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    Mute Neal Ireland Hello
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    Nov 5th 2015, 5:44 PM

    There are plenty people with leaning difficulties and need parent-like care for their whole lives, even after their parents are gone.

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    Mute Tony_Kilduff
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    Nov 5th 2015, 5:30 PM

    Lol….world gone mad !

    22
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    Mute Richard Cheney
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    Nov 5th 2015, 5:38 PM

    It’s people like you who created this situation Tony,don’t forget it! They had to do the adoption so bigots wouldn’t piss their pants.

    24
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    Mute Graham Kavanagh
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    Nov 5th 2015, 5:38 PM

    Yes – mad that they were ever forced to go down this route in order to formalise their relationship in law, wouldn’t you agree?

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    Mute Paul Roche
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    Nov 5th 2015, 6:51 PM

    Forced?

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    Mute Tony_Kilduff
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    Nov 5th 2015, 6:52 PM

    I created a situation where a man adopts another man and now wants to marry him ? Lol……

    17
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    Mute James Joseph Superior Power
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    Nov 5th 2015, 7:04 PM

    Don’t get over excited there Tony. These kind a thing happens the whole time with straight people. only difference with these people it is reel incest.
    r-felt-comfortable-man-Daughter-plans-marrying-father-talks-taboo-relationship.html http://www.worldwideweirdnews.com/2014/03/w9043.html

    http://www.usatoday.com/story/news/nation/2015/01/16/daughter-plans-to-marry-long-lost-father/21859547/

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    Mute Graham Kavanagh
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    Nov 5th 2015, 7:29 PM

    Yes Paul – Forced. If they wanted to have their relationship formalised in law, this was the only option open to them. The only option that made them a family in the eyes of the law with respect to next of kin, visitation rights in the hospital et al. Try to read a book some time, you might learn something.

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    Mute Deborah Behan
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    Nov 5th 2015, 5:42 PM

    The adoption would have allowed them to be next of kin for each other, have inheritance rights and medical insurance. Sad that is the only way they could officially declare their union. Hope they get to undo it and get married the proper way.

    In other news, an adult can adopt another adult??

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    Mute Larissa Caroline Nikolaus
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    Nov 5th 2015, 6:19 PM

    @Deborah, yes, an adult can adopt another adult, it frequently happens in Japan too, mostly for economical reasons to keep a company in the family or something, I’ve read something about that once, if you’re interested I’ll look it up and post a link

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    Mute Larissa Caroline Nikolaus
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    Nov 5th 2015, 8:53 PM
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    Mute Cardio Reilly
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    Nov 5th 2015, 5:33 PM

    If you marry someone for medical, legal and financial gain you are vilified. But if you adopt someone and are gay it’s fine? What do these guys expect?

    16
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    Mute Richard Cheney
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    Nov 5th 2015, 5:43 PM

    They expect not to have to adopt to have their relationship viewed as equal under the law,but you knew that already.

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    Mute Cardio Reilly
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    Nov 5th 2015, 8:35 PM

    They adopted under false pretences as they are not in a father son relationship. They have only themselves to blame.

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    Mute Maurice Slater
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    Nov 5th 2015, 6:24 PM

    Fathers son husband, fs open up the gates and let me outta hear, whats up next on the equal rights agenda, bisexuals want to marry both there partners

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    Mute Karen Marten
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    Nov 5th 2015, 7:17 PM

    Now now Maurice u cant say things like that on journal we not supposed to pick sides u should know dat☺

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    Mute Maurice Slater
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    Nov 5th 2015, 7:32 PM

    Oops Karen, I forgot, sure were all equal, well on paper anyway.

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    Mute James Kingston
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    Nov 5th 2015, 8:03 PM

    I’d be in favour of that Maurice. What business is it of ours to judge?

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    Mute Maurice Slater
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    Nov 5th 2015, 8:30 PM

    @jAMES, Guess we all have we all have weaknesses,so tell me something about yourself that I didn’t know from reading comment.

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    Mute Pete Gibson
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    Nov 5th 2015, 6:13 PM

    Famous riddle:
    “Brothers and sisters I have none… but that man’s father is my father’s son”.
    .

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    Mute Michael Sands
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    Nov 5th 2015, 6:14 PM

    Leviticus be fun to look up now… 18: 22?

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    Mute paddy
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    Nov 5th 2015, 5:39 PM

    that judge sounds familiar

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    Mute Ger
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    Nov 5th 2015, 9:49 PM

    The “son” could be legally emancipated and then they would be free to marry. Why does this even have to be an issue?

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    Mute ...
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    Nov 5th 2015, 6:44 PM

    America.

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