Despite the fact that same-sex couples go through the ups and downs of experiencing pregnancy just as their heterosexual counterparts, they must face the additional hardship of knowing that one spouse will not be memorialized on the child’s birth certificate as a natural parent immediately.
Instead, same-sex spouses must face the additional hurdle of enduring a step-parent adoption procedure to obtain a legal connection to the baby, leaving a period of uncertainty between the time when the birth occurs, until the adoption is complete. This leaves a baby legally vulnerable during this time in the event the birthing parent dies or becomes incapacitated.
Additional concerns include the fact that a birth certificate is crucial to be able to put a newborn baby on a health insurance plan, to take a newborn to daycare, or generally just to travel with a newborn baby at all.
After the Supreme Court’s landmark ruling establishing a right to gay marriage nationwide, many states amended their policies to reflect this ruling in regards to birth certificates, however Florida remains unchanged.
A federal lawsuit was filed by three lesbian couples last August contending that Florida must provide equal treatment to same-sex couples in this area. Florida was the final state to allow adoptions by same-sex couples, doing so in 2010. Moreover, in the case of heterosexual parents and surrogate pregnancies, a parent without a biological connection to the baby is still presumed to be a parent.
No matter where you stand on the issue of same-sex marriage, or same-sex parenthood for that matter, it is critical to remember that once there is a baby involved, there are certain legal rights that must be able to be asserted to ensure the well-being and best interests of that child are protected, and preventing people whose only desire is to care for that child may not protect those interests.
For more information on this topic or any other, feel free to contact the Schulman Law Group at (954) 349-3300 or at info@www.schulaw.com
