In the wake of the election, I have seen a flood of questions online from LGBTQ parents about how to ensure that their child-parent relationships will be legally secure and recognized in every state. A guide that GLAD Law and I created answers frequently asked questions about exactly that.
“LGBTQ Paths to Parentage Security” offers straightforward answers to questions like:
- What is parentage?
- Is it important to get a court judgment reflecting that I am a parent?
- What if I am already on my child’s birth certificate?
- What options do I have to get a court judgment recognizing my child-parent relationship?
- Do I need a lawyer?
Although more states like (most recently) Massachusetts and Michigan are expanding access to ways of protecting children born via assisted reproduction and those with LGBTQ parents, not all states offer the same paths to parentage for these families. Because of bias and discrimination, both married and unmarried LGBTQ parents are advised to have the security of a court judgment to protect their child-parent relationships no matter where they may move or travel. Children have been pulled into the child welfare system because a parent who loves and cares for them wasn’t recognized as a legal parent, and non-birth parents who planned for and raised their kids have been stripped of their parental rights because a court relied on outdated laws that fail to acknowledge the existence of same-gender parents.
The best solution for any given family may vary by state and circumstance; “LGBTQ Paths to Parentage Security” is not intended to offer specific legal advice. It does, however, explain why securing your parentage is important, outline what your options may be, and point you towards resources for attorney referrals and addressing further questions. I hope it’s helpful and that you will share it with anyone who might benefit from it.
Find “LGBTQ Paths to Parentage Security” at lgbtqparentage.org.
(While I am not a lawyer myself, Polly Crozier, Director of Family Advocacy at GLAD Law, is one of the leading experts on LGBTQ family law, and has been an instrumental part of moving parentage law forward for LGBTQ families and others in many states. Thanks to her and the GLAD Law team for their partnership on this guide.)
