There has been an unusual, and highly publicized case in Kentucky. This case involves a nine year old girl. She uses the middle and last name of a woman who is not biologically related to her. She lived with this woman and the woman’s partner until she was four years of age.
The girl’s biological mother became pregnant in 2006. The father was a sperm donor. The woman maintained a same sex relationship until 2011. The biological mother has now married a man. She has cut off the non-biological mother from having contact with the child. The man now seeks to adopt this child.
What Does It Mean To Be A Parent?
The case in Kentucky deals with the question of what it means to be a parent. Although the United States Supreme Court has legalized same sex marriage, the issue surrounding custody of children and visitation with children involving non-biological parents is still up in the air. The long and short of the issue is this, can the non-biological parent obtain visitation or custody of their child from a same sex relationship after the relationship ends? In a heterosexual relationship the answer to this question would be yes. However in many states in the United States, the answer to this question is still no. Same sex marriage has not created a biological relationship with the non-biological same sex partner. Although the marriage may be legal, many states are reluctant to give parental rights to non-biological partners. The solution to this issue is for the non-biological parent to adopt the child.
Elliot S. Schlissel is matrimonial and family law attorney representing clients in same sex and heterosexual relationships throughout the Metropolitan New York area with an emphasis on custody and parenting time issues.
