COVID-19 (CORONAVIRUS) UPDATE: OUR FAMILY LAW/DIVORCE FIRM IS OPEN. CONTACT US TO SCHEDULE YOUR PHONE OR VIDEO CONFERENCE TODAY.

Blog

Divorce
Divorce
Less Contentious Divorce
Less Contentious Divorce
Legal Separation
Legal Separation
Children's Divorce Issues
Children's Divorce Issues

Divorce could cause custody concerns for same-sex couples

| Dec 10, 2015 | Same-Sex Couples & Divorce |

When same-sex couples have children, they may be elated over the opportunity to start a family. In many cases in which two women are married, one woman will carry a child after becoming pregnant through the use of sperm donors or other means. However, if a couple goes through divorce, complications could arise concerning the custody of any children involved. 

Washington residents may be interested in a report discussing how the varying same-sex laws have caused issues for many couples. For one couple, the two women had been in a relationship and had one child through the use of a sperm donor. However, the couple ended their relationship and the biological parent recently married a man. The man wishes to adopt the child, an action with which the biological parent apparently agrees, but the non-biological mother does not want that to happen. 

Because many same-sex parents are not biologically connect to their children and definitions for the word “parent” vary from state to state, it is very likely that some individuals could lose parental rights in the event of a divorce. With this particular case, a county court ruled in favor of the non-biological parent, but a state appeals court ruled in favor of the biological parent. The case is set to be heard by the state Supreme Court. 

Divorce is often a struggle for many individuals, and the process can be even more devastating for same-sex parents who could be at risk of losing their children. If Washington residents are concerned over similar circumstances, they may wish to become more knowledgeable on how their cases could potentially be viewed in court. Discussing the situation with an experienced family law attorney could be helpful.

Source: seattletimes.com, “Same-sex adoption case challenges what it means to be parent“, Adam Beam, Dec. 7, 2015