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