topic Re: Whose child is it? in Community Chat

Whose child is it?

hyacinth003 — Wed, 03 Oct 2018 02:54:05 GMT

A same sex female couple gets married. They decide to have a child, and one of them becomes pregnant via artificial insemination at a fertility clinic.

A baby girl is born. Does the non biological partner have any parental rights? If they were to divorce, would the non biological partner get visitation rights?

Is it up to the biological mother or is there law on this?

Hyacinth

Re: Whose child is it?

BirkiLady — Wed, 03 Oct 2018 03:00:05 GMT

1. Adoption proceeding take place. Both partners are equal parents to the child.

2. If they seperate, it's like any other divorce. Child support, custody and visitation are worked out by the attorney's and finalized by the Court.

Re: Whose child is it?

YorkieonmyPillow — Wed, 03 Oct 2018 02:57:23 GMT

Is this a pop quiz because I haven't studied!

Re: Whose child is it?

SXMGirl — Wed, 03 Oct 2018 02:58:05 GMT

@hyacinth003, I think that the non-biological parent would adopt the child and would then get visitation if there was a divorce.

Re: Whose child is it?

hyacinth003 — Wed, 03 Oct 2018 03:01:59 GMT

@YorkieonmyPillow wrote:
Is this a pop quiz because I haven't studied!

Good one!

No, it's a real situation. Was just trying to be brief!

Hyacinth

Re: Whose child is it?

mom2four0418 — Wed, 03 Oct 2018 03:04:31 GMT

@SXMGirl wrote:
@hyacinth003, I think that the non-biological parent would adopt the child and would then get visitation if there was a divorce.

Married couples are the legal parents to their child.

Re: Whose child is it?

evelyner — Wed, 03 Oct 2018 04:30:09 GMT

In California, if 2 parents are listed on the birth certificate, there is no need to adopt. My daughter who did not get pregnant is listed on the birth certificates of both her sons, and is a parent. I cannot talk about other States.

Re: Whose child is it?

CalminHeart — Wed, 03 Oct 2018 11:15:31 GMT

It works like any other marriage or adoptive parents. Most would have the non-biological parent adopt the child so gender is a non-issue when it comes to joint custody, parental rights, etc.

Re: Whose child is it?

chrystaltree — Wed, 03 Oct 2018 13:00:35 GMT

I don't know and no one else here knows either because it depends on the state you live in and a host of other factors. If this is a real situation, you need to consult with attorney who specializes in family law.

Re: Whose child is it?

Mindy D — Sat, 06 Oct 2018 21:25:33 GMT

The answers depend on the laws for each jurisdiction.

Re: Whose child is it?

jaxs mom — Sat, 06 Oct 2018 21:54:05 GMT

Yes, both parents should have rights, the same way that an opposite gender couple that uses donor eggs or sperm are considered the parents. The fact that this couple who made the decision to have a child together are the same gender makes no difference.

Re: Whose child is it?

MarieIG — Sun, 07 Oct 2018 04:49:18 GMT

Under the circumstances as posted, the sperm doner has no parental rights. The married partners have parental rights. Custody and visitation to be determined per agreement or court. There would be no legal grounds to favor the bio parent solely based upon DNA. Remember, if a married female got pregnant with the consent of her DH, and they had a child in the same manner, he would be the father with parental rights. Ditto here.

Re: Whose child is it?

reiki604 — Sun, 07 Oct 2018 21:41:40 GMT

This is why marriage equality is so important. It treats all people in a marriage with the same rights and responsibilities.