Establishing Parentage For Same-Sex Couples

father and daughter

Gay marriage has been recognized since 2015, yet there are still many laws on the books in Florida that are clearly geared towards heterosexual couples. This can make issues like parentage murky for same-sex couples, especially if that couple splits after having children, and the experienced Boca Raton family attorneys at the Law Offices of David L. Hirschberg are here to help. If you would like to learn more about your rights as apparent in a same-sex relationship, call or contact our office today to schedule a consultation of your case.

Inclusion on the Birth Certificate

One of the ways to ensure that you protect parentage over your child is by getting the names of both parents on the child’s birth certificate. A case in 2017, Obergefell v. Hodges, mandates that if a married same-sex couple has a child, states are required to list the same-sex spouse as the other parent on the birth certificate. However, if a same-sex couple is unmarried when they have a child this is not automatic. You and your partner should go through the process of adding both names to the birth certificate of the child to show that you are both committed to being the child’s parents.

Proving Paternity Through Genetic Testing

For homosexual couples, some men elect to not know who the child’s true biological parent is if they are using a surrogate. If this couple later splits up, it may be helpful to determine the biological parent if custody and parentage becomes an issue. This process begins with a petition to the court that explains the situation and why a genetic test is necessary to prove the paternity of a child. A court can issue an order for a genetic test to prove paternity, which involves a simple, pain-free swab of the cheek and garners results in around six to eight weeks. If the other parent refuses to comply with the court order, they can be held in contempt of court. This may include fines, jail time, and a reallocation of child custody until that parent complies.

Adopting a Child

One final method of ensuring parentage of a child for same-sex couples is for the non-biological parent or both parents to formally adopt the child. Adopting a child provides many benefits for the parents and the child in the relationship. For the child, it creates a legally legitimate family with the rights of inheritance, to insurance benefits, and for the opportunity to build a lasting relationship with their parents. For the parents, adopting a child solidifies their status as the legal parents of this child, regardless of what happens in the relationship. If you would like to learn more about your options for establishing parentage of a child in a same-sex relationship, talk to our office today.

Call or Contact Us Now

Are you interested in solidifying your parentage of a child in a same-sex relationship? If so, the experienced attorneys at the Law Offices of David L. Hirschberg are here to help. Call the office or contact us today to schedule a consultation of your case now.

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