What You Need to Know About Same-Sex Second-Parent Adoption

Posted On May 13, 2013

With same sex marriage legal in the US, many couples still want to experience life as straight couples thus would still want to have a child to take care of. Such couples have an option to either adopt a child or have one of them sire a baby through a sperm donor. If the couple settles to adopt a child, there are certain legal procedures that would make them succeed in the process.

To start with, whenever you adopt any kid as same sex couple, the law assumes that one of you is the biological parent to the child. This can be a tough decision to make especially since this means the other “parent” has no right over the child. No one would really want to be in a situation where they have no say over the child they have worked hard to bring up. As a couple, you must decide on who will be the child’s legal mother, which is often a very difficult decision since the “cut off” provision in second parent adoption services often exists.

A second parent adoption is meant to give your partner parentage rights over the child even if they are not the legal or biological parents to the child. If one of the partners is the biological parent to the child, having the other parent have the same privileges would server the parental relationship between the child and biological parent if proper parentage laws are not followed.

To lift the cut off provision, the parents can opt for simultaneous adoption services to maintain the legal relationship between the biological parent and the child through consent by the adoptive parent that they wish to retain that relationship. This means children in same sex marriages can thus be able to inherit property from both parents.


Christina M. Hernandez is the Director and Owner of Attorney Assisted California Centers in Orange, CA . Attorney Assisted is a leading paralegal service provider in Orange County, preparing and filing all legal documents. Also known as Legal Document Assistants, they are a more affordable alternative than going through lawyers for the same notary services. We also offer full divorce services, handling all divorce papers and guiding clients through the entire process out of court. Join me at Google+.

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