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Who is your child’s legal parent?

On Behalf of | Dec 5, 2019 | Family law

Rights for the LGBTQ community have grown considerably in the last decade. However, along with those rights have come some growing pains. One area that has had difficulty is family law. When same-sex marriage became legal in Texas, many of the family laws on the books did not match up with the needs of a same-sex family. One example is laws pertaining to the parentage of children, which was a huge concern. If you have children, you want to be sure you have legal rights to them. So, it became imperative to adjust these laws to suit families like yours.

The Family Equality Council explains the process of determining parentage is different now that laws are catching up with the changes in same-sex marriage. In a heterosexual marriage, when the mother gives birth, the husband automatically becomes the child’s legal father. Lesbian couples just recently got that right as well. If one spouse gives birth to a child during the marriage, then the other spouse is automatically the other legal parent of the child.

In the case of surrogacy, you will receive the same treatment as heterosexual couples. You and your spouse are both put on the birth certificate as the legal parents.

The changes in laws help to prevent a situation where only one parent has a legal right to the children. It can make things easier if a divorce occurs in the future. It also makes children safer and provides them with all the benefits of having two legal parents, such as the right for insurance coverage. Furthermore, it provides you with rights in the event of your partner’s death. It is important that you make sure you establish the parentage of your children for the security of your whole family. This information is for education and is not legal advice.