Protecting The Parental Rights Of Same-Sex Couples

In the past decade, there has been remarkable progress in the laws concerning the rights of gay and lesbian couples. These couples may now marry, providing them with rights and opportunities that had been unavailable for far too long. Unfortunately, not every state gives same-sex couples equivalent parental rights in all cases, which can lead to serious problems when the couple has children.

At the Maple Grove law office of Steven H. Snyder & Associates, we help same-sex couples grow and protect their families. Our legal team has worked with many same-sex couples looking to start families. Whether you need help with an issue connected to assisted reproductive technology or need to initiate adoption proceedings, we are confident we will be able to provide you with the guidance you need at such an important time in your life.

Helping To Prevent Issues When Building Your Family

Every couple’s situation is unique, and we need to know more about you and your spouse or partner, if any, before we know exactly what is best for you. Together, we will review your specific concerns and develop an approach that allows you to safely start your family. We help with many issues facing same-sex couples, including:

• Explaining the challenges that arise when using known or anonymous donors
• Preparing, drafting, and reviewing egg, embryo or sperm donor agreements
• Assisting couples with step- or second-parent adoption proceedings
• Reviewing state laws to protect the couple if they travel outside of Minnesota or move to a different state
• Creating and drafting any documents that may be necessary to ensure the child is cared for in the event either parent passes away unexpectedly

Many same-sex couples think that they will automatically have parental rights after their child is born. However, the laws concerning the rights provided to same-sex parents will vary depending on your location and situation. You need to meet with an experienced LGBT lawyer to ensure that your parental rights are protected.

The law is simply decades behind when it comes to same-sex families. We want to do everything that we can to help you make sure that you have the same rights as all other parents. We work together with you to create a plan that will help you protect your family from these potential challenges.

How Did The 2015 Obergefell Decision By The U.S. Supreme Court Impact Same-Sex Parenting?

The 2015 Obergefell decision was a significant milestone that granted marriage equality across all states, enhancing the rights of same-sex couples. However, it did not directly address many specific aspects of parenting for same-sex couples. At Steven H. Snyder & Associates, our LGBT lawyers recognize that while this ruling was a leap forward, comprehensive legal guidance is still crucial for securing parental rights.

What Are The Three Most Critical Pieces Of Legal Protection You Can Help Your Clients Put In Place?

We recommend that any same-sex couple considering having children get these three pieces into place, as appropriate:

1. Surrogacy and donor gamete contracts: We draft detailed agreements that clearly outline the responsibilities and rights of all parties involved in surrogacy and donor arrangements.
2. Iron-clad court judgments: Our LGBT lawyers ensure that all legal proceedings are meticulously handled to result in robust court judgments affirming your parental rights.
3. Health insurance review for surrogates: We verify that surrogates or gestational carriers have adequate health insurance coverage specifically for surrogate pregnancies, protecting all parties involved.

You need to protect your family legally even though the laws have been moving in a favorable direction. However, these laws are fluid and change state by state.

Why Is It Advisable For A Nonbiological Parent In A Same-Sex Relationship To Apply For A Second-Parent/Stepparent Adoption Of Their Offspring?

In many cases, having both names on a birth certificate is not enough to guarantee all parental rights, especially when legal challenges arise or if the family moves to a less friendly jurisdiction. Second-parent or stepparent adoption can secure unequivocal recognition of both parents’ legal rights across all states, providing an additional layer of security for your family.

What Is Surrogacy-Related Estate Planning And Why Should I Consider It?

Surrogacy-related estate planning is crucial to ensure that your intentions regarding your offspring’s guardianship and inheritance are respected, regardless of biological relations. This form of estate planning redefines traditional definitions within wills and other legal documents to protect your child’s future, ensuring they inherit according to your wishes rather than default legal assumptions that might otherwise benefit unintended parties.

Will The Documents You Help Me Prepare To Protect My Family Outside Of Minnesota?

Yes, our legal documentation process results in court judgments that are enforceable nationwide and often internationally. These documents are designed to withstand scrutiny across different jurisdictions, ensuring that you and your family can travel or relocate without fear of your parental rights being challenged.

Schedule A Free Consultation With Us

Our law firm has been working with same-sex couples for decades. We will work tirelessly to provide you with the help that you need. Whether or not you decide to become our client, we are happy to answer any questions that you may have. To schedule a free, no-obligation consultation, please call us at 612-504-6499 or send us an email.