LGBTQ Marriages & Second Parent Adoptions

LGBTQ Marriages and Matters Relating to Children

LGBTQ couples have the same issues as heterosexual couples in a divorce or dissolution. Please take a look at that page and other pages on specific topics. One difference is that legal questions arise when a same-sex couple lived together in a committed relationship but were unable to marry. The question that arises is whether a marriage began before the legal marriage, and the answer dictates whether assets acquired before the legal marriage should be considered marital property.



Similar issues arise when children were born in a committed relationship but before the couple was permitted to marry. A court can determine whether both parties are deemed to be parents, thus having all the legal rights of a parent.

The law is slowly evolving, but since the right to marry is so new, there isn’t much case law precedent to look to in many situations.

Second Parent Adoptions

 For families where the children were born prior to marriage, the non-biological parent is not automatically afforded parental rights, even if the parents later marry. The non-biological parent’s legal standing would be as a stepparent, which oftentimes does not match the family’s intentions. A second parent adoption allows both parents to be recognized as the legal parents with the same rights, responsibilities, and duties as if they were both the natural parents. Completing a second parent adoption will provide your family protection in the event of future divorce, death of a parent, or death of the child.