Community Chat

[hyacinth003]

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

[BirkiLady]

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.

[YorkieonmyPillow]

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

[SXMGirl]

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

[hyacinth003]

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@YorkieonmyPillow wrote:

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

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Good one!

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

Hyacinth

[mom2four0418]

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@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.

[evelyner]

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.

[CalminHeart]

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.  

[chrystaltree]

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.  

[Mindy D]

The answers depend on the laws for each jurisdiction.