Parental Rights for Same-Sex Couples

Same-sex couples often face unique challenges when it comes to parental rights. While same-sex marriage is legal in both Pennsylvania and New Jersey, the process of establishing and protecting parental rights can differ significantly between the two states. From birth certificates to adoption and co-parenting agreements, talk to a Bucks County family attorney if you have questions about your rights.

Marriage, Birth Certificates, and Parental Recognition

Marriage equality has been the law of the land since the Supreme Court’s landmark decision in Obergefell v. Hodges in 2015. Same-sex couples in Pennsylvania and New Jersey enjoy the same rights to marry as opposite-sex couples.

Significant protections for parental rights are in place when a couple marries. For instance, when a child is born into a marriage, both spouses are typically presumed to be the child’s legal parents. That said, the presumption of parentage doesn’t always apply equally to same-sex couples, particularly in Pennsylvania, where additional steps may be necessary to solidify parental rights.

In Pennsylvania, when a same-sex couple has a child, both parents’ names may not automatically appear on the birth certificate unless the couple is wed. Even then, it is often recommended that the non-biological parent complete a second-parent adoption to safeguard their parental rights. Without this step, the non-biological parent’s legal status could be challenged in the future.

New Jersey laws are generally more favorable in this regard. New Jersey recognizes both spouses in a same-sex marriage as legal parents, allowing their names to appear on the child’s birth certificate without requiring an adoption process.

PA and NJ Adoption Rights

Adoption is a critical tool for some same-sex couples seeking to protect their rights as parents. Both Pennsylvania and New Jersey permit same-sex couples to adopt, whether jointly or as second parents.

• In Pennsylvania, second-parent adoption is necessary for the non-biological parent to secure legal rights. This process ensures that both parents have equal standing in matters such as custody and decision-making.
• New Jersey offers a more streamlined process for same-sex couples, particularly those who are married. While second-parent adoption is still available and advisable, the legal framework in New Jersey is designed to make parental recognition more accessible for same-sex couples.

For unmarried same-sex couples or those raising children outside of traditional frameworks, co-parenting agreements can provide an essential layer of protection. These agreements outline each parent’s rights and responsibilities, including custody, visitation, and decision-making authority. Both Pennsylvania and New Jersey courts recognize and enforce well-drafted co-parenting agreements as long as they serve the best interests of the child.

While progress has been made in securing rights for same-sex couples, navigating the legal landscape of parental rights can still be complex. Whether you’re planning to expand your family or are currently facing a custody dispute, work with a Bucks County family attorney who understands the nuances of state laws.

Do you want to learn more about how to protect your parental rights, today and into the future? The legal team at Kevin L. Hand, P.C. is available. Call 215-968-6602 to discuss your unique situation and explore your options.