When it comes to the laws of parental rights (parentage), LGBTQ+ couples need to evaluate the legal risks that are involved with their arrangement. At the lower end of the spectrum be a married female couple using sperm from an anonymous donor. At the higher end of the spectrum would be an unmarried male couple relying on traditional surrogacy. Many LGBTQ+ parents fall somewhere in between these two extremes.
One of the things that a LGBTQ+ lawyer can do for you is to evaluate your legal risks based on the particulars of your situation. We can then offer solutions for moving down the spectrum to a lower risk level. Every situation is unique, so it really is impossible for us to create a blanket solution that applies to all LGBTQ+ families.
An example would be a female couple from New Hampshire who relied upon a family friend as their known donor. A second parent adoption, in New Hampshire, can be used as a way to cut off whatever residual rights the sperm donor may still have. A bonus is that the adoption would also strengthen the non-biological mom’s parent rights. But, the right solution may well be different if the couple lives in another state.
These situations can be legally tricky so it’s important to work with an attorney who is highly familiar with LGBTQ+ parentage law. Most general family law lawyers don’t have this expertise.
Attorney Catherine Tucker wrote the parentage laws currently on the books in New Hampshire. She is also the only New Hampshire member of the Family Law Institute, a prestigious invitation-only collaboration between the National Center for Lesbian Rights and the National LGBT Bar Association.
Contact us today so that we can evaluate where you fall on the risk spectrum–initial phone consultations are always free.
