Same-sex couples can build their families through various means. Some couples choose adoption, while others opt for assisted reproductive technology (ART) to produce a child.
For couples who go with the ART path, only one partner is biologically connected to the child. If unmarried, the nonbiological parent may need to adopt the child to establish parentage. This is known as second-parent or confirmatory adoption.
If you are in a similar situation, here is some important information to help you move forward.
Does the paternity statute apply to same-sex spouses?
Under the Minnesota Parentage Act, if a couple is married at the time of a child’s birth, both spouses are presumed to be the child’s legal parents. This is regardless of biological connection.
The Act was later updated after the legalization of same-sex marriage in Minnesota. This means the presumption of parentage applies to same-sex couples, but only if they are married at the time of the child’s birth.
Why do you need second-parent adoption?
Despite the presumption of parentage, you may still want to complete a confirmatory adoption. For one, doing so can provide additional legal security, especially if your family moves to a state with less protective laws. Moreover, it helps ensure recognition of parentage in all 50 states and internationally.
Adoption is also crucial to establish parentage in case someone questions your rights in the future. For example, it can give you clear authority to make healthcare decisions for your child if you are a nonbiological parent.
You will also need to complete the adoption if you were unmarried at the time of your child’s birth. There is no presumption of parentage for unmarried couples, which means you will have no parental rights unless you adopt them.
What does a second-parent adoption entail?
The steps of second-parent adoption can vary, but it usually entails:
- Submitting a petition for adoption to the appropriate court
- Home studies to assess the family environment
- Providing consent from both parents
- Adoption hearings
The process can take several months to a year or more, depending on your specific circumstances.
Confirmatory adoptions do not only provide security for nonbiological parents – they can also give peace of mind and validation for all family members. If you are considering going through this process, it’s advisable to do so with an experienced adoption lawyer by your side.