LGBTQ Parental Rights

LGBTQ Parental Rights

When a child is born to a married, heterosexual couple, the law presumes that both the husband and wife are the legal parents of that child. When a child is born to a married, same-sex couple, this is not the case. The law does not recognize the non-biological parent as the legal parent of the child.

When a same-sex couple has a child, the woman who carries and gives birth is considered the child’s legal parent. Her wife, however, is not considered to have the rights and obligations of a legal parent. It is necessary, as the law exists today, for the non-biological parent to adopt the minor child in order to be considered the child’s legal parent.

While adoption can be a tedious process, it is typically straightforward in cases of same-sex marriages, particularly when a child is conceived through a cryogenic lab and unknown donor.

If you are in this situation, the attorneys at LaMonaca Law can be of help. We have experience in second parent adoptions and can make the process as painless as possible. Click or Call 610-892-3877


About the author

About Alicia Fastman

Alicia Fastman graduated from Hofstra University with a Bachelor’s degree in Psychology, then went on to complete her Juris Doctorate at the Widener University School of Law in Wilmington, DE. Ms. Fastman graduated from law school with pro bono distinction, completed a Certificate in Criminal Law, and focused her intensive studies within the fields of litigation and trial advocacy. Ms. Fastman is licensed to practice law in Pennsylvania, and is a member of the Pennsylvania and Delaware County Bar Associations. Ms. Fastman specializes in family law as well as other areas of the firm’s litigation practice.