Jake2008
Feb 13, 2011, 09:01 AM
That depends.
If you live in a country where same sex marriage is recognized, and you are planning on having a baby by artificial insemination, or you are planning to adopt, the location of where you are, and the applicable laws, will determine what you can, and cannot do.
If you are legally married in Canada for instance, you can of course adopt a baby, or have a baby in your life via surrogate, or AI, and it belongs to the both of you.
But, if you are in the US, I'm not sure that two single people can adopt a baby together without the benefit of marriage. I'm not a lawyer, and I do not know how this works in other countries.
As to the actual birth certificate, that too will depend upon what you can, and cannot legally do. It's a moot point if such a union is not recognized in the first place.
ScottGem
Feb 13, 2011, 09:01 AM
This is a legal question so has been moved from the Pregnancy board. As a legal question ANY question on law needs to include your general locale as laws vary by area.
The laws regarding same sex couples is just developing. But I don't believe this issue has been addressed. A birth certificate is supposed to reflect the two people who contributed biologically to a child. However, in some cases the other parent (not the birth mother) can be put on the BC because they are the legal partner (i.e. A husband is presumed to be the other parent). But I don't know if that would fly with a same sex couple.
My only suggestion here is to consult with the hospital where the mother plans to give birth. They can advise of the rules for completing the birth certificate. There may be alternatives to establishing a legal relationship between the non birth parent and the child. For that I would consult a local Family Law attorney.
GV70
Feb 13, 2011, 12:39 PM
A birth certificate is supposed to reflect the two people who contributed biologically to a child. However, in some cases the other parent (not the birth mother) can be put on the BC because they are the legal partner (i.e. A husband is presumed to be the other parent). But I don't know if that would fly with a same sex couple.
Yup! Canada and the great state of Delaware allow a child to have three and more "legal" parents. Last year the Supreme court of Canada ruled that a boy has a father ,a mother and a mother.:eek:
In Delaware it is even more complicated because the law allows a child to have 10/ TEN:eek::eek:/ legal parents.