It is important that same-sex couples with children take the proper steps to protect their family. While no one likes to think about the possibility of a potential divorce or separation, the reality is that many couples will ultimately part ways. Formally adopting your child not only protects your parental rights, it also protects your child’s ability to spend time with you should you and your partner/spouse separate. If you and your spouse had children prior to getting married or if your partner had or adopted a child before the Obergefell case of 2015 (granting parental rights to non-biological parents), it is especially important that you pursue formal adoption.
Contact Grewal Law PLLC at (888) 211-5798 to discuss your situation with one of our LGBTQ adoption attorneys in Michigan. We assist clients throughout the state of Michigan.
Types of Step-Parent Adoptions
There are several different situations in which a step parent should seek formal adoption of a child in order to protect their family.
Some common examples include:
- If your spouse is the biological parent of your child but you are not (and vice versa)
- If you and your spouse were married after your child was born
- If your spouse legally adopted a child before you were married (even if you were together at the time the child was adopted)
If you are not biologically related to your child and you have not formally adopted him/her, you may have a very difficult time obtaining guardianship rights if your spouse/partner becomes incapacitated or passes away. The same is true in the event of a divorce or separation.
Rights of Biological Parents
Lesbian couples who use a known sperm donor for genetic material in order to conceive a child should take extra precautions to protect their family. It is important to recognize that if the donor is a friend, family member, or another known person, he may have parental rights. Furthermore, under the Revocation of Paternity Act, a biological parent can revoke the rights of the mother’s spouse if the spouse is not related to the child biologically.
Even if you have a good relationship with the donor, it is best to take care to protect your family. Legal documents can be used to waive the donor’s rights to formal visitation/parenting time. They can also be used to prevent the donor from attempting to asset parental rights at a later date.
At Grewal Law PLLC, we understand that this is a very sensitive matter. Our Michigan LGBTQ adoption lawyers can help you navigate the process and determine the best way to protect your family.
Contact Grewal Law PLLC Today
Our firm has several office locations for your convenience. We are proud to help LGBTQ couples throughout the state of Michigan with a wide variety of child custody and adoption needs. Whether you wish to formally adopt your step-child or you need assistance establishing parental rights over a child you are not biologically related to, we can help.
Give us a call at (888) 211-5798 or fill out and submit an online contact form today to request a free case evaluation with our legal team.