Marquee Background
Marquee Background

Offit Kurman Blogs

Family Law

Why should I get a Second Parent Adoption?

March 13, 2023

By Summer Abel

Why should I get a Second Parent Adoption?

While many states have followed suit in adding protections for same-sex marriages and families after the Supreme Court decision in Obergefell v. Hodges, there are still many uncertainties when it comes to family formation in the LGBTQ+ community. For example, in a recent case out of Oklahoma, a judge ruled that a married, non-biological mother has no parental rights to the child she and her wife created and were raising together, but the couple’s sperm donor does. In this case, the judge relied on Oklahoma’s parentage laws under the Uniform Parentage Act, which predate same-sex marriage laws, meaning there was no presumption of parentage for the non-biological mom by virtue of the couple’s married status.

A Second Parent Adoption provides an added layer of protection for all families where there is an intended parent without a biological tie. In many states, we are backed by the marital presumption, but, as demonstrated in Oklahoma just this year, a presumption can be easily rebutted if given any weight at all. This is why many same-sex families pursue a Second Parent Adoption, which is a court judgment that is recognized and protected in all jurisdictions.

Having a skilled attorney who is versed in the Second Parent Adoption process will ensure that your family is protected regardless of the political climate of yesterday, today, or tomorrow.

Categories: Family Law, LGBTQIA+

Related People

Related Services

  • Posts
  • About
  • Subscribe

Firm Highlights

  • Podcasts
    Medicare May Already Cover the Care Advocate You Didn’t Know You Had
      What if one of the most valuable resources for family caregivers was already covered by Medicare? Before you assume you can't afford a care manager, listen to this episode. In this episode of The Sandwich Generation Survival Guide, Candace Dellacona sits down with Connor Sweeney, founder of Baba, a groundbreaking care advocacy platform that's helping family caregivers navigate one of the most overwhelming parts of caregiving—and for many Medicare and Medicare Advantage beneficiaries, the service is available at little to no cost. Inspired by his own family's experience after his grandmother suffered a stroke, Connor created Baba to give caregivers something they rarely have: a knowledgeable guide in their corner. Imagine having an expert who can: Coordinate medical care Help appeal insurance denials Connect you with specialists and community resources Arrange transportation Navigate Medicare and Medicaid benefits Reduce the endless administrative burden that leaves so many caregivers exhausted If you've ever thought, "I wish I could afford a geriatric care manager," this episode may completely change what's possible. Whether you're caring for an aging parent, a spouse with a chronic illness, or another loved one, you'll discover that help may be far more accessible than you realized—and that asking for support before a crisis can make all the difference. This conversation is filled with practical advice, hope, and one resource every caregiver should know about. To learn more about Baba, visit https://www.callbaba.com/ Follow Baba on social media: Linkedin – https://www.linkedin.com/company/callbaba/ Instagram – https://www.instagram.com/baba.helps Facebook – https://www.facebook.com/profile.php?id=61577179311253