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Tuesday, February 2, 2010

Children and Parentage in Domestic Partnerships

A child born to registered domestic partners will be considered the legal child of both partners without regard to either partner’s biological relation to the child.

Inclusion on the Child’s Birth Certificate:
Lesbians using artificial insemination can both be included on the child’s original birth certificate.
Gay men using a surrogate must obtain a court judgment of parentage to both be included on the birth certificate.

To obtain a court judgment, complete an adoption or obtain a judgment of parentage.
Adoptions:

Second Parent Adoption:
Available to all couples
The legal parent is not required to give up any of his rights to the child for his partner to adopt.
More costly.
More invasive home studies.
More time to complete.

Step-parent/Domestic Partner Adoption:
Available to registered domestic partners only
The legal parent is not required to give up any of his rights to the child for his partner to adopt
Easier because child is presumed to be residing in the home and the person chosen to adopt has been chosen by a fit, custodial parent.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/




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