As many of you know, most LGBT legal experts recommend that every non-bio mom do a second-parent adoption even if she lives in a state that will put her name on the birth certificate of a child born to her partner. (Briefly: adoptions must be recognized by other states; the non-bio mom’s right to be on the birth certificate, a function of her relationship to the bio mom, may not be.)
Nancy Polikoff, one of the aforementioned experts, brings us good news that addresses one part of this legal ridiculousness:
The latest amendments to the Uniform Probate Code automatically recognize the parentage of both mothers. Like all laws written by the National Conference of Commissioners on Uniform State Laws, the Uniform Probate Code becomes law only in those states that enact it. But arguing for something that is in a uniform law is arguing for something that has been vetted by many legal experts and therefore carries an enormous stamp of legitimacy. (Colorado and North Dakota have already enacted these provisions.)
You can read the details over at her site. As I understand it (and I’m not a lawyer), the new amendments give greater weight to the intent to parent, and will also recognize a birth certificate even without an adoption. This is for probate (inheritance) purposes only, and doesn’t cover things like hospital visitation or custody rights (so I’m assuming doing a second-parent adoption is still a good idea for most non-bio moms), but is still a nice win.
