When same-sex couples decide to become parents, legal issues related to parental rights must be taken into consideration. In cases where same-sex parents split or divorce, steps that were or were not taken both prior to and after a child’s birth often dictate future child custody considerations and determinations. A child custody dispute between a former same-sex couple in another state illustrates this point.
The Case
In this case, a state’s Supreme Court was asked to make a determination related to the parental rights of a lesbian woman who was of no biological relation to the child she helped raise with her then female partner. The lesbian couple had been together for roughly five years when the baby, who was conceived using a sperm donor, was born. Together, the girl’s biological mother and her partner raised the girl with both taking an active role in the girl’s upbringing.
The couple and their daughter lived together and the non-biological mom was listed as a parent on several key documents including the girl’s birth announcement and medical records. Additionally, she was named as the girl’s legal guardian.
What Happened After the Breakup
After raising the girl together for six years, the women broke up. The girl’s biological mother subsequently married a man and sought to legally terminate her former partner’s parental rights. While a family court initially ruled in the biological mom’s favor, citing that her former partner had no parental rights over the child, the state’s Supreme Court overruled the lower court’s decision.
The Court’s Ruling
In their ruling, the Supreme Court asserted that biology alone does not equate to parentage. The court stated its decision was based upon the actions of the non-biological parent both prior to and after the girl’s birth, citing that “paternity presumptions give great weight to familial relationships developed between a parent and child.”
The non-biological mom’s involvement in the child’s life as well as her financial contributions and responsibilities to the child could not be discounted.
What This Means for LGBTQ Parents in Maryland
This case highlights the importance of taking proper legal steps to protect parental rights, especially for LGBTQ families. In Maryland, non-biological parents can strengthen their legal position by:
- Second-parent adoption - Legally adopting the child even if you’re married to the biological parent
- Clear documentation - Being named on birth certificates, medical records, school documents, and legal guardianship papers
- Financial involvement - Demonstrating ongoing financial support and responsibility
- Active parenting - Participating fully in day-to-day parenting decisions and care
While courts increasingly recognize the parental rights of non-biological parents who have functioned as parents, formal legal protections provide the strongest safeguards.
Protect Your Parental Rights
At Leffler, Bayoumi & Oliver, we help LGBTQ families navigate the legal complexities of establishing and protecting parental rights. Whether you’re planning to start a family, going through a separation, or facing a custody dispute, we can help you understand your rights and options.
Contact us to schedule a consultation, or call 410-740-1180.
Source: Courthouse News Service, “New Hampshire Lesbian’s Paternity Suit Revived,” Lorraine Bailey, July 9, 2014
Need Legal Assistance?
If you have questions about this topic or need legal representation, our experienced attorneys are here to help. We work with clients throughout Maryland to provide practical guidance and effective advocacy.
Contact us to discuss your situation and learn how we can assist you.