Tactfully asking...legal guru's.....

[karma1]

What is the name of your state? any
same sex marriages....and children...
I'll present a situation I know of personally, then ask some questions..
Child has 2 "Moms"--in that, when asked to come a conference at school, both "moms" show up. Child does carry one womans last name and a father is listed on paperwork.....
Does the second "mom" have any legal rights to this child? Is this a state-by-state issue?
Wouldnt this also be a situation, since obviously, there is a bio dad, his rights would have to be terminated then the second mom adopt?

 

[LdiJ]

What is the name of your state? any
same sex marriages....and children...
I'll present a situation I know of personally, then ask some questions..
Child has 2 "Moms"--in that, when asked to come a conference at school, both "moms" show up. Child does carry one womans last name and a father is listed on paperwork.....
Does the second "mom" have any legal rights to this child? Is this a state-by-state issue?
Wouldnt this also be a situation, since obviously, there is a bio dad, his rights would have to be terminated then the second mom adopt?

There is probably some variation from state to state, but I don't think its possible for a child to legally have two mothers (or two fathers either). Therefore I don't think an adoption would be possible. (However only an attorney in that state could say for sure). Since the child has a legal mother and a legal father, I think that at most the second mom would be similar to a stepparent...without the legal status of a stepparent. Since stepparents have basically no legal rights...how could she?

I know that in some states "partners" have been able to obtain visitation rights in the case of a split up, but from most of the cases I have read its when they basically contracted together to decide that the child was to be concieved and raised as "their" child. Since there is a legal dad...that doesn't appear to be the case here.

Can you elaborate on that?

 

[nextwife]

Are you merely PRESUMING there is a biodad with legal rights? Because "it ain't necessarilly so".

I know some gay adoptive parents from my weblists. IF a child is adopted by a single parent, there is NO other legal parent. Many singles adopt, gay and straight. Also, of course, many lesbian couples planning a pregnancy choose to use a sperm bank specifically to make certain that there is no legal father.

 

[LdiJ]

Are you merely PRESUMING there is a biodad with legal rights? Because "it ain't necessarilly so".

I know some gay adoptive parents from my weblists. IF a child is adopted by a single parent, there is NO other legal parent. Many singles adopt, gay and straight. Also, of course, many lesbian couples planning a pregnancy choose to use a sperm bank specifically to make certain that there is no legal father.

Well, she did say that there was a father listed on the paperwork...and I assumed that meant the BC. I may have assumed wrong.

 

[stephenk]

why don't you just ask the two "moms"?

 

[BelizeBreeze]

What is the name of your state? any
same sex marriages....and children...
I'll present a situation I know of personally, then ask some questions..
Child has 2 "Moms"--in that, when asked to come a conference at school, both "moms" show up. Child does carry one womans last name and a father is listed on paperwork.....
Does the second "mom" have any legal rights to this child? Is this a state-by-state issue?
Wouldnt this also be a situation, since obviously, there is a bio dad, his rights would have to be terminated then the second mom adopt?

All of your questions would require a state-by-state review of the particular situation. This is state specific.

 

[TNBSMommy]

I've always wondered that too. I knew a lesbian couple here who one of them(while they were together) had two children, the bio father was handpicked by the two of them and has absolutely nothing to do with the children. I know they were having problems the last time I spoke to them, and I always wondered if the one who didn't actually bring the children into the world would get to see them if they split up. I can say that the reason she was still with her partner was b/c of the children, b/c she didn't think the other would let her see them if she left.

 

[D.B. Cooper]

Just ignore this clown "stepenk" he sounds like he gets his facts of off perry mason, probaly while high on crack, what a ignorant moron.

 

[stealth2]

Just ignore this clown "stepenk" he sounds like he gets his facts of off perry mason, probaly while high on crack, what a ignorant moron.

Could we please get rid of this idiot?

 

[LdiJ]

Could we please get rid of this idiot?

I swear I have seen him use that exact phrase on multiple threads, on multiple boards.