Archives: LGBT parenting issues

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Don’t try this at home! Parental donor agreements

The topic of Sperm Donor Agreements has recently risen in discussion between same-sex couples wanting start their families using alternative reproductive methods and how the law can impact their ability to parent. Some questions have been: When is a sperm donor legal? Is a sperm donor a parent? Can a sperm donor get rights to … Continue Reading

Parameters of an LGBT custody case

LGBT relationships are still a relatively new construct in a legal system that has traditionally been focused almost exclusively on two-parent, opposite gendered relationships. Some courts lag behind in addressing custody issues with same-sex partners, mostly due to inexperience and inconsistency in the laws. Because same-sex parents cannot biologically birth children together, the legal definition … Continue Reading

After the Breakup: Same Sex Couples with Children

For most couples with children, a breakup in their relationship does not equate to losing their children. However, when it comes to same sex couples, particularly those who never married, there are legal barriers that prevent them from asserting their rights as parents to their children. In a recent case out of the Fourth Court … Continue Reading

Unique challenges of same sex custody cases in Texas

The right for same-sex couples to marry, and also divorce, has been in place in the U.S. for several years now. Same-sex relationships have normalized somewhat from being a unique anomaly to a run-of-the-mill occurrence. Even in some of the more conservative counties and courts that we practice in at our firm, gay marriage is … Continue Reading

Equal Parent Benefits for All Couples

Suzan and Kimberly McLaughlin, a married lesbian couple, conceived a child using artificial insemination with an anonymous donor in 2011.  When the parties later separated in 2013, Kimberly began restricting Suzan’s access to the child.  Suzan filed a lawsuit seeking to be recognized as a parent that same year.  In April 2016, the trial court … Continue Reading

Lesbian Couple Disqualified from Adopting Refugee Child

So, can a lesbian couple adopt a refugee kid through Catholic Charities of Fort Worth?  Funny you should ask. When Fatma Marouf and Bryn Esplin, both attorneys and professors at Texas A&M University, learned that there were as many as 300,000 homeless or unaccompanied refugee children worldwide, they decided to adopt or foster one.   They … Continue Reading

Arizona: presumption of maternity upheld

The Arizona Supreme Court handed down an opinion recently finding a presumption of maternity for a married lesbian couple where the child was born during the marriage. This ruling applies the presumption of paternity for a heterosexual couple to a same-sex couple. This is what many believe the correct application of the law to be … Continue Reading

Fisher Price’s proud parenting campaign increases visibility of LGBT parents

Have you seen the Fisher Price photo gallery aimed at increasing the visibility of LGBT parents? The toy company teamed up with Proud Parenting, an online community forum for LGBT parents, to launch their Proud Parenting LGBT Family Photo Gallery. The project features a curated photo collection of LGBT parents and their families that will … Continue Reading

10 things you shouldn’t ask a lesbian mother

As mainstream society has trended toward embracing gay and lesbian relationships, some unfamiliar people can ask questions that may seem insensitive. Much like any heterosexual couple, there are topics that are private and personal. Both parents are important and equal, no matter the science associated with the creation. Like heterosexual parents, lesbian parents have children … Continue Reading

Transgender parenting — Non-biological psychological parent denied standing to sue for paternity, conservatorship, and possession

The San Antonio court of appeals recently decided a case about transgender parenting, including paternity, conservatorship and possession. In re N.I.V.S., 2015 WL 1120913 (Tex. App. – San Antonio 2015, ___). In that case, the Father was born female but self-identified as male and had been raised as a boy. When Father and Mother met, … Continue Reading

What is a Parent? Broadening the definition of parent in gay and lesbian same sex relationships

The legal debate wages on for gay parents as to what constitutes a “parent”. Is it biology? Legal status? Or, in the case of many gay and lesbian same-sex couples, emotional attachment? The question is whether the definition of “parenthood” should include people who have played a key parenting role in the child’s upbringing even … Continue Reading
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