NJSBA Family Law Section

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POA or Custody agreement prior to birth and Same sex stepparent adoption & POA or Custody

  • 1.  POA or Custody agreement prior to birth and Same sex stepparent adoption & POA or Custody

    Posted 05-01-2020 07:07 PM
    Hello counsel. I hope that you and your families are all well during this pandemic. I have a gay client, Ms A who arranged with her partner, Ms B to have Ms B inseminated at a sperm bank to have a baby together. The baby is due this July and Ms A would like me to handle the stepparent adoption . Do I have to wait until the baby is born before I file the Complaint? Also what is the best way to protect the unborn child prior to the birth if something should happen to  pregnant Ms B and she can no longer care for the child or someone needs to make medical decisions prior to birth? Ms B wants a Living Will and regular Will and Testament , but would something special need to be included? 
    AS for the baby to be, would a POA or a Custody agreement be more beneficial for the Ms A to take over and if would either document grant Ms A the ability to go through with the adoption of the baby if Ms B were to pass or become unable to care for her? If not, what is needed to establish that? Do you have a POA form or custody form that would accomplish this that you wouldn't mind sharing? Lastly, with the new notarizing of documents by attorneys online (notarizing something unrelated to above,  does the attorney view that by zoom ?) Thank you so much! Stay well!!

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    Christine Moriarty Brophy Esq
    Christine Moriarty Brophy, PC
    (201)785-1658
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  • 2.  RE: POA or Custody agreement prior to birth and Same sex stepparent adoption & POA or Custody

    Posted 05-02-2020 06:43 AM
    Are they married or in a civil union? That would be the best protection.

    You cannot file second parent adoption until child is born.

    Pregnant person should name partner as agent in proxy directive for health care, including a clause keeping pregnant woman alive, even if brain dead, long enough to gestate child.

    Pregnant woman can name partner as guardian of child if she dies.

    Feel free to call me to discuss further.

    Bill Singer

    Sent from Outlook Mobile