LGBT marriages are now recognized by every state in the country! But what does that mean for LGBT parents’ relationship to their children?
Since the Supreme Court ruling in Summer 2015, marriages of same-sex couples are recognized by all states and the federal government. This means couples no longer have to worry about crossing state lines and having their marriage disrespected or disregarded. This is a giant success for LGBT families, yet it does not resolve all issues of family recognition. For just as marriages between same-sex partners have been treated differently by different states in the past, parental relationships between LGBT couples and their children can still be treated differently across state lines.
But there is a solution, for although states can disregard birth certificates or the laws recognizing a parent-child relationship from another state, they cannot disregard a court adoption decree. A court ordered adoption, often called a second parent adoption, is a form of insurance for your family and children. We get insurance for all sorts of disasters. This is insurance that your legal relationship to your child will be respected across the country. In the state of Indiana, even for LGBT parents who are married, it is not guaranteed that the parent-child relationship will be respected without an adoption decree for the parent that is not biologically related to the child.
If you are an LGBT parent, Indiana adoption lawyer Barbara J. Baird has the knowledge to help you protect your family. Attorney Baird offers years of legal experience helping LGBT parents looking to safeguard their parent-child relationship.
Does my family need an adoption decree?
Although there is hope that in the future same-sex parent relationships will gain more security under the law, court ordered adoptions are the only way to protect your family now. This is particularly important for LGBT parents who are not a biological parent of their child. For although a biological relationship to a child should be respected by every state, the concern for LGBT parents is for the parent without that relationship to their children. Traveling or moving across state lines can mean that a non-biological parent’s relationship with their child is disrespected or disregarded in medical or decisions or even custody.
Currently in Indiana, the only way to get both parents’ names on the birth certificate is through a second parent adoption by the non-biological parent. But even if Indiana changes its position and puts both married parents on the birth certificate at birth, other states are not required to honor the birth certificate. Further, this presumption of parentage can also be challenged in Indiana based on the lack of a biological relationship to the child.
To guarantee your family protection, contact Indianapolis LGBT family attorney Barbara J. Baird today to start the process of adoption.
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