Changes to state parenting laws help fill gaps for same-sex couples

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The United States is a patchwork quilt when it comes to the legal definition of “parent," which is largely determined by state law.

Dr. Sara Watson and her partner, Anna Ford, always wanted children, but when Ford gave birth to their son, Eli, three years ago, Watson was told she could not put her name on his birth certificate even though he was conceived using her egg.

Watson, a family medicine physician, said the adoption process was onerous. She and her partner had to get three letters of reference attesting to their ability to be good parents; they had to have a home study; and Rhode Island law required that they put an ad in a newspaper in Massachusetts — where the anonymous sperm donation was from — asking if anyone wanted to claim the parental rights of their child.

In New Hampshire, Gov. Chris Sununu signed HB 1162, a law that similarly allows unmarried couples — both straight and gay — to adopt children, extends second-parent adoption to same-sex parents and mandates that a court judgment of parentage can be used to secure the parental relationships of children born through assisted reproduction.

“What people don’t realize is that, often, there is a disconnect between our social understanding of parenting and our legal understanding of parentage,” NeJaime said. “Your family, your school, your community may recognize you as a parent … but you might be surprised to learn that the law does not.”

Only 13 states afford rights to nongestational parents, like Watson, regardless of marital status, according to the LGBTQ think tank

 

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