A common question that is asked a lot with Same Sex Divorce is how the divorce process will go if there are children involved. Same sex divorces are the same as standard divorces most of the time, when there are children involved the divorce may take a couple of more steps to go through.
If one of the spouses in a same-sex couple (two women) conceives a child through a sperm-donor, that woman is the child’s biological parent. She would have parental rights even if the child was born before she married her partner. If the child is born during the marriage, then both spouses are legal parents. The other spouse can further secure their parental rights by formally adopting the child, but this is not strictly necessary.
This is known as a confirmatory adoption. If the child is born before the marriage, then the other spouse must adopt the child in order to have any parental rights. Furthermore, it is important that you make sure that the sperm donor terminates their parental rights or they may also have a legal claim on the child. This can be resolved through a sperm donor agreement, which is still legal in Michigan
If a gay male couple used a surrogate mother to have a child, then the biological parent automatically has parental rights. The other spouse must adopt the child in order to obtain similar rights. It is also important to make sure that the surrogate mother formally terminated their parental rights, especially since binding surrogacy agreements are illegal and unenforceable in Michigan.
A non-biological parent can also acquire parental rights through the equitable parent doctrine. Under this doctrine, a non-biological, non-adoptive parent might still be able to gain parental/visitation rights so long as the following requirements are met: The equitable parent and the child must acknowledge each other as parent and child The equitable parent desires to have parental rights.
The equitable parent is willing to accept the obligation to pay child support, the same way any other parent would. There is no guarantee that an equitable parent will be made to pay child support. That depends on the income of both spouses and how much parenting time they both spend with the child.
Goldman and Associates Law Firm is here to provide you with information about Same Sex Divorce in the State of Michigan.Contact us today if you have any questions regarding Same Sex Divorce in the State of Michigan.