The rights of same-sex parented families

After having overcome the obstacle of conceiving their baby, same-sex couples still have to take another step towards the recognition of the child. In the case of lesbians, one of the partners is considered the child’s biological mother and has full rights over her progeny. Among gays, one of the two lovers holds the place of the father, but what about the second parent? Do same-sex parented families have the same right as heteroparental households?

Same-sex parented families that are not married?

• Status of the spouse in relation to the biological parent

When surrogacy is prohibited on a territory, gay couples can only have a child abroad. In addition, in some countries only the name of the biological father appears on the baby’s birth certificate. If the couple used a surrogate mother, one of the partners: the one who participated in the conception of the child, is recognized as the father. In this type of family, the spouse takes the place of a social parent. The latter is involved in the baby’s education and the whole family project, but, in some countries, will not be recognized by law as a legitimate parent.

In the eyes of the law, the second partner has no rights over the child, even if there is no legislation prohibiting his or her participation in the family project. The responsibilities and authority of a social parent are limited to the societal sphere and cannot be enforced even in the event of the death of the biological father or the separation of the couples.

• Status of the spouse in relation to the biological mother

Since medically assisted procreation is prohibited for homosexual women, a child conceived through this technique does not enjoy ordinary status. Among lesbians, only the name of the birth mother appears on the child’s birth certificate at the time of birth. The person who carried the child in the womb until birth will be recognized as the mother.

Her partner therefore plays the role of a social parent who participates in the child’s education. While the law in some countries may not recognize her as a mother, this does not prevent her from taking part in the family project or from intervening in the baby’s daily life. Such responsibility, however, will remain within the family circle and has no legal value.

Is adoption a possibility for unmarried same-sex parented families?

For a family to be complete, two parents and one or more children are required. This baby can be either the biological child of one of the two gay partners or have no parentage. Since adoption is only permitted to married couples, same-sex parented families who have not yet said yes cannot benefit from this privilege. If neither of the two partners has a biological link with the baby, the situation becomes more complicated. If no filiation exists, neither this couple nor either one of these two persons can be recognized as the child’s father or mother. If they wish to take part in the education of the child, they can play the role of a co-parent or social parent, but they may not have any legal rights over the child.

Married same-sex parented families

• If parentage between the child and one of the parents exists

While unmarried couples face many legal problems, married homosexuals can make the most of their marital status. For a baby born to a surrogate mother with the intervention of one of the fathers during the procreation process, the parents can proceed through a simple adoption. At birth, only the name of the biological father appears on the birth certificate, however, the partner can assert his status and be entitled to paternity.

In this case, he has the possibility of adopting his spouse’s child and sharing parental rights on the same basis as him. To do this, simply send a request to the court and wait for the dossier to be validated. Furthermore, it should be noted that after adoption, the adopter and the adopted person have the same duties towards each other. They can thus enjoy the same rights as legally constituted families. Whether lesbian or gay, a homoparental household must go through this step to have substantial legal value.

• No parentage relationship between parents and child

For a lesbian couple who have resorted to medically assisted procreation and who have no parentage with the child, plenary adoption is still the only way to create a family. This option also applies to gay couples who have requested a sperm donation for the conception of their offspring.

To become a legal parent, many couples go through this process, which lasts from nine months to more than two years, depending on the complexity of the case. The procedure consists in going through the social service for the validation of the project and the adoption file.

Finding a partner and starting a family without giving up your homosexuality can be difficult without support. On Coparentalys, you will find the appropriate help to carry out your project.