Gay Adoption New York

Gay Adoption New York: is adoption necessary in the case of a sperm donor?

For same-sex couples, the fight for marriage equality is over and done with. As they start to building families, however, the struggle remains as the intricacies of family law in New York and across the U.S. haven’t quite caught up to this landmark change. This has led to much confusion on the part of same-sex, particularly lesbian, couples. One question is frequently asked: if two married women conceive a child through artificial insemination, does the non biological parent need to go through the process of gay adoption New York?

Gay Adoption New York is still necessary for married women using a sperm donor

Unfortunate case law in the State of New York, entitled Paczkowski v. Paczkowski, held that when married women have a child through artificial insemination, the marital presumption of parentage does not apply to them. This was the case in New York before gay marriage was nationally legalized and it still applies.

Marriage means parentage then?

Marriage does not convey legal parentage for same-sex couples. If your spouse had your child before you were married, gay adoption in New York is still necessary, particularly when you were not listed as a parent on the birth certificate. Despite marriage equality, adoption laws still vary from state to state so it’s important to check the state laws if you plan on adopting your child outside of New York.

What about the sperm donor?

In the case of an anonymous donor, typically the donor has given up all parental rights through the donation process. For this reason, using an anonymous donor is beneficial in New York because a married lesbian couple using an anonymous donor can have both parents’ names on the birth certificate. However, that alone does not create parentage, only second parent adoption does this.  Many couples opt for a known sperm donor for various reasons. In this case, the child and the donor will likely come into contact at some point. It’s vital to establish before conception the role the donor will play in the child’s life, and execute any legal documentation outlining anything pertaining to parenting or visitation rights of the donor. Any lesbian couple using a known sperm donor, regardless of whether they identify him as the father on the birth certificate, must undergo the second parent adoption process to secure the non biological mother’s rights to the child.

If you need help determining your parental rights or adopting the child (either biological or adopted) of your spouse, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations. Anthony is available to answer all questions concerning non traditional family law and adoption for GLBT families. Call 212-953-6447 or email Anthony with any questions or concerns.