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

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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. Alicia 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. Alicia joined LaMonaca Law in April of 2011 and is a Partner at the firm. She was selected as a Top Lawyer in Main Line Magazine in 2014, 2016, 2017, and 2019 in the areas of Family Law and Divorce and has been named as a Best Lawyer in the areas of Adoption and Trial in the Delaware County Daily Times. Alicia is licensed to practice law in Pennsylvania, and is a member of the Pennsylvania, Philadelphia, and Delaware County Bar Associations. Alicia resides in Delaware County with her dog, Leonard. In her time outside of the courtroom or office, she enjoys creating art, listening to podcasts, and spending time with friends and family.