NJSBA Family Law Section

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  • 1.  Second parent adoption question

    Posted 04-19-2018 12:50 PM

    Clients are a married same sex couple. They have had a child facilitated by a medical facility/sperm donation. Both participated in the entire process with the facility and signed off on documentation that they agreed to jointly raise the child etc. In addition, both are named on the birth certificate.

     

    They have asked if there is any need for the second parent to legally adopt the child? What are the benefits of doing so or detriments of not doing so?

     

    Thank you in advance for any help. It is greatly appreciated.

     

    Kevin M. Regan, Esq.

    43 Maple Avenue

    Morristown, New Jersey 07960

    Ph. (973) 998-9880

    Fax (973) 998-9872

    www.kevinreganlaw.com

     



  • 2.  RE: Second parent adoption question

    Posted 04-19-2018 02:04 PM

    Without a court order for a second parent adoption there is no guarantee that a non-birth (non-gestational) parent will be recognized as such outside of the state the child was born in.  Full faith and credit (U.S. Constitution) does not have to recognize birth certificate, but does require recognition of a court order of adoption.  There are many places in the U.S. and around the world where the parentage of the non-birth parent will not be recognized without a court order of adoption.

    So, Yes, there definitely is a need for the non-birth to adopt the child.

     

    Although you have not stated it, I assume you are referring to a female couple.

     

     

    ABS0049_LeslieFarber_Logo25

    Leslie A. Farber, Attorney at Law

    33 Plymouth Street, Suite 204

    Montclair, NJ 07042-2607

    Ph. 973.509.8500 x 213

    Fax: 973.860.1174

    eMail:  [email protected]

    web:  http://www.LFarberLaw.com

     

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    Original Message


  • 3.  RE: Second parent adoption question

    Posted 04-19-2018 02:19 PM

    NJ birth certificates do not establish parentage; they are merely proof of birth.?? Birth certificates cannot create or terminate parentage.

    Currently, in NJ, one is a legal parent only if (1) she gestates the child, (2) she/he donates genetic material, or (3) she/he obtains a judicial order (such as an adoption decree or parentage order).

    However, under the presumption of parentage, a non-biological spouse in a married or civil-union couple is listed on the birth certificate as a parent.?? Inclusion of a non-biological spouse???s name on the birth certificate leads to confusion, as most couples believe the birth certificate proves their parentage.

    In order to protect non-biological parents??? legal parentage if they travel or move, it is mandatory that non-biological parents obtain a judicial order confirming their parentage, which is subject to full faith and credit under the U.S. Constitution.

    Feel free to call me if you have any questions.

    Bill Singer

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    Original Message