Archives: Who is a parent?

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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

Will Obergefell expand the definition of family in the wake of expanding marriage?

I ran across an interesting law review article from Susan Frelich Appleton out of Ohio State University’s Moritz College of Law called Obergefell’s Liberties: All in the Family. The article joins the debate about whether the Obergefell case only protects liberty against the interference by the state regarding the right to marry (public liberty) or … Continue Reading
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