Same Sex Marriage Desiring Adoption: General Principles

In a same-sex marriage where one partner is pregnant with donor sperm and the other partner is not biologically related to the child, the non-biological partner HAS legal rights to the child in Florida but not necessarily in all states.

In some states, the non-biological partner can establish legal rights through a process known as a “second-parent adoption.” This is a legal process where the non-biological parent can become a legal parent to the child without terminating the first parent’s legal rights.

In other states, the non-biological partner may be able to establish legal rights through other legal means, such as a court order or a co-parenting agreement. These legal arrangements can vary depending on the specific laws in the state where the couple resides.

It’s important for same-sex couples in this situation to consult with an experienced family law attorney at Rhoden Law Group to understand their legal rights and options. The attorney can help the couple navigate the legal system and determine the best course of action to establish legal rights and responsibilities for both partners.

It’s also important for the couple to consider their long-term goals and plans for their family. This may include decisions about custody, parenting time, and financial support. A family law attorney can help the couple create a legal agreement that outlines these issues and protects the best interests of the child.

Call or text for a courtesy consult with Bonnie Rhoden, Esquire at 321-549-3162 (office).