Same-sex marriage has been the law of the land since 2015. LGBTQ clients sometimes ask me whether it is still important for the second parent to adopt the children, even if their name is now on the birth certificate. While having a name on a birth certificate creates a strong presumption of parentage, I still advise my same-sex clients here in Kansas that spending a little time and money going through an adoption for your child now can save you from being separated from your child and from paying thousands of dollars in legal fees later. Because I frequently receive questions about this issue, I have provided the rationale for this advice below.
If you are a same-sex couple considering bringing a child into your life, you will need the assistance of an experienced adoption attorney. Hiring an experienced Kansas adoption attorney can help you avoid pitfalls that can cause tremendous heartache and headaches later, call McDowell Chartered at (316)-269-0746 to get the advice you need.
Why Second Parent Adoption is Still Necessary
Historically, there is a “marriage presumption” when it comes to children’s parentage. For example, if a wife gives birth to a child, her husband’s name would be placed on the birth certificate, and he would legally be the child’s parent; this is true even if he was not necessarily the child’s biological parent. For same-sex couples, this presumption did not exist, so when one parent gave birth to a child, the “second parent” had to adopt the child to attain parental rights legally.
On June 26, 2015, the United States Supreme Court issued the Obergefell v. Hodgesdecision, which declared same-sex marriage constitutionally required in the United States. Once Obergefellwas decided, many same-sex parents believed that the marriage presumption would now apply to them too, rendering the extra step of adopting the child obsolete. While there is merit to this argument, I still advise parents to go through with a second parent adoption.
There are many reasons why I advise clients to go forward with a second parent adoption. First, it is a painless and inexpensive process where none of the obstacles of a traditional adoption are present. Second, it is not yet completely clear that all states give the same weight to parents that appear on a child’s birth certificate, but that are not their biological or legal parent. As a result, if your child becomes injured in another state, you do not want any room for interpretation regarding your parental status. An adoption guarantees that your parental rights will be respected in all 50 states. Third, for couples that use a known sperm donor, adoption is an additional layer of legal termination of his parental rights. Finally, adopting the child will put you on a completely equal footing with your spouse in the unfortunate event that you later divorce. Without the adoption, your spouse may argue that you are not entitled to the same custody as a biological or adoptive parent.
What Should I Do If I am Considering a Second Parent Adoption in Kansas?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adoption process regardless of the type of adoption you choose. Now that same-sex marriage is law, it is important that members of the LGBTQ community receive legal advice catered to their needs. Speaking with Kansas adoption attorney with experience with same-sex adoption is the first step to bringing a child into your home.
Call us today at (316)-269-0746 to schedule an appointment to discuss any one of many types of adoption with a full-service adoption firm.
