Ask Experts Questions for FREE Help !
Ask
    ssb100's Avatar
    ssb100 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 13, 2011, 08:55 AM
    If a same sex couple have a child can the other lesbian go on birth certificate
    Jake2008's Avatar
    Jake2008 Posts: 6,721, Reputation: 3460
    Emotional Health Expert
     
    #2

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    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's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Feb 13, 2011, 12:39 PM
    Quote Originally Posted by ScottGem View Post
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Adding father name to child birth certificate [ 3 Answers ]

I want to add my son's father name to his birth certificate. And I also want to add on father's last name to my son. When already had an DNA test done and it was determine that he was the father. How do I go about doing this?

Married Same Sex Couple seeking to adopt my wife's child [ 7 Answers ]

Good morning everyone, my name is Alexie and I had a very important question to ask. I am obviously a Lesbian women LEGALLY MARRIED (IN IOWA) to my wife Carmen. Name change and everything. We have been together for over 4 years and are raising 3 beautiful kids together. I have 2 biological and she...

Child on birth certificate but not the father [ 1 Answers ]

I'm getting a divorce and I have a child and my husbands name is on the birth certificate but he is not the biological father. Can I have his name removed from the birth certificate and is he still responsible for child support?

Father's rights to his child without his name on the child birth certificate [ 1 Answers ]

The father of my child and I just recently split and now he has to file for a paternity petition to have his name put on her birth certificate. I want to know until that process is complete through the court what parental rights he has to his child?

Does a Father have a right to last name on Child Birth Certificate [ 3 Answers ]

Does a father have a right to have his last name as his child's last name on the child's Birth Certificate in the State of Georgia?


View more questions Search