Our office has been receiving so many calls with questions and concerns regarding the 2016 election results. This linked fact sheet from the National Center for Lesbian Rights answers so many of the questions we’ve received, we thought it best to share on our website. For our families and perspective clients, this is the question most often asked and has been addressed in the article:
“How do I protect my relationship with my child(ren)?
We still strongly recommend that all non-biological parents get an adoption or judgment from a court recognizing that they are a legal parent, even if they are married and even if they are listed as a parent on the birth certificate. Having your name on the birth certificate does not guarantee protections if your legal parentage is challenged in court.
Being married to a birth parent does not automatically mean your parental rights will be fully respected if they are ever challenged. There is no way to guarantee that your parental rights will be respected by a court unless you have an adoption or court judgment. Without this, you could lose any right to your child if something happens to the other parent or if you break up.
For example, if the birth parent dies and you are not recognized as a parent, your child could end up in foster care or with a relative instead of being able to stay with you. If you use a known donor, depending on your situation, the donor could be considered to be a legal father unless you terminate any rights he may have in an adoption. If you end up receiving Medicaid or other government benefit, the government could bring a court case to make the donor a legal father and require him to pay for the benefit your child receives.
Spending a little time and money doing an adoption or getting a parentage judgment now can save you from being separated from your child and from spending thousands of dollars in legal fees later. If you are low-income you may be able to get free legal help from a legal aid organization in your state. You can search for a legal aid organization near you on www.LawHelp.org. You can also contact NCLR for help finding an attorney who may work for a reduced fee or no fee, or if you want more information about how to get an adoption or parentage judgment in your state.”
We recommend you read the entire fact sheet by clicking the following link: NCLR Post 2016 Legal Fact Sheet