Same-sex parents can be confronted with several challenges as they grow their family. Even after they have welcomed a child into their home, they may still face discrimination and biases. Identifying these potential challenges and taking proactive steps can be critical for your family’s welfare.
For same-sex couples planning a family or those who have already started their families, understanding the challenges you may encounter and having a plan in place is crucial. Our trusts & estates lawyers may help you take the necessary action.
Fertility and Surrogacy
Same-sex couples have various options for building their family. IVF and surrogacy are two options. These options allow same-sex parents to use donor sperm, eggs, or embryos, and/or use their own sperm or egg to reproduce. However, access to healthcare and affordable options may be a major hurdle.
Moreover, some employer-sponsored healthcare plans may not have coverage for these services. This can be particularly true in cases where the employer claims a religious exemption. Limitations like these can cause challenges for same-sex parents as they explore options to become parents.
Second-Parent Adoption
Second-parent adoption allows a partner or spouse who is not the biological parent to adopt their partner’s child. The adoptive parent will have the same rights once the adoption is finalized. Second-parent adoption can be crucial to ensuring that both parents have the necessary guardianship and legal rights in order to provide for the child’s welfare.
While the Supreme Court’s 2015 Obergefell decision gave same-sex married couples the same rights as opposite-sex couples in these scenarios, there may still be difficulties. The laws on second-parent adoption can vary vastly between states, particularly regarding legal requirements and the legal process. Working with an attorney may be advisable when proceeding with a second-parent adoption.
Joint-Parent Adoption
Same-sex parents may face unique challenges in the joint adoption process. Biases and discriminatory rules can be a large hurdle. While there is no law prohibiting same-sex couples from adopting in the U.S., this may not be true for those seeking an intercountry adoption.
LGBTQ+ parents may also have difficulties finding an adoption agency or face biases during the adoption process. Societal stigmas and stereotypes claiming same-sex couples are not capable of creating a stable home environment or concerns about child development may be used to deny or delay same-sex parent adoptions.
Contact an Experienced Attorney To Learn More About Same-Sex Couple Challenges
The challenges of same-sex parents are numerous. Many of these concerns are connected to legal issues related to growing their families. Even after your family has been created, you may still face discrimination and biases throughout your parenting journey.
At Price Benowitz LLP, our experienced trusts and estates lawyers are ready to help you address your concerns. By creating a comprehensive plan, we could assist you and your spouse on your parenting journey, securing your family’s future. Contact us today for a free case evaluation.