Family Matters: Legal Issues for Same-Sex Parents

The U.S. Supreme Court's landmark marriage equality decision in Obergefell v. Hodges removed barriers to the adoption process for same-sex married couples. But there are unique and complex legal issues to consider when deciding to become a family. Kerene Moore, the supervising attorney for the Jim Toy Community Center's Know Your Rights Project, points to a few things for same-sex married couples to consider when making a decision to adopt or conceive children.
– Same-sex married couples can now jointly adopt children in Michigan. Prior to the Obergefell decision, Michigan's ban on same-sex marriage made this considerably difficult.
– Michigan statute requires that both married spouses be listed as parents on the birth certificate of any child that one of the spouses gives birth to during the marriage.
– When a married same-sex couple decides to bring children into the home, an adoption may be either required or strongly recommended to prevent any challenge to a non-biological spouse's parental rights.
– Where a surrogate is used, adoption proceedings will be required to terminate the surrogate's parental rights and legally establish the new family unit, including obtaining accurate birth certificates.
– Female spouses should complete the confirmatory adoption process to ensure that a known sperm donor's parental rights are terminated and to eliminate the risk of challenge to the non-biological spouse's parental rights at any time in the future. Revocation of parentage laws vary throughout the country, and can be utilized when there is a breakdown in the marriage. Confirmatory adoption orders generally eliminate this risk.
– Confirmatory adoptions are completed through the statutory framework for step parent adoptions in Michigan, and can often be completed without the support of an attorney where a sperm bank is used.
– Attorney support is strongly recommended whenever a couple decides to use a known donor or surrogate to expand the family. Culturally competent legal counsel can explain the same-sex couple's rights and walk them through the process.