Navigating through the different state laws regarding adoption and foster care can be difficult and tedious. Depending on what state you live in, you may experience different obstacles or legal steps to securing a legal adoption or LGBTQ marriage. Non-discrimination laws exist in many states to protect people who belong to the LGBTQ community from a denial of rights related to family issues. However, if you were denied certain family rights related to adoption, marriage or divorce, then try talking to a Tennessee family law lawyer to explore your options.
Adoption and Foster Care for LGBTQ Parents
No state has banned LGBTQ people from and for those who are single parents, the right to adopt a child remains accessible regardless of sexual orientation. Same-sex couples can apply for joint adoption, which legally ties them
together. All states also allow same-sex couples to be foster parents for adopted children. In some cases, LGBTQ couples may face challenges at first when applying for adoption or foster care. Talking to an experienced lawyer may be able to help you overcome these obstacles.
Certain states have passed anti-discrimination laws that have made the process for adoption and foster care smoother. Looking up your state’s laws can help you and your partner prepare for what obstacles you may or may not face. You can also consult with a lawyer in your state to examine these obstacles. A lawyer will know your state’s laws related to your situation including statutes, regulations, potential nuances, and legal loopholes.
When it comes to surrogacy for same-sex couples, states vary on this process too. A lawyer can help you establish a legal contract between the surrogate and egg donor to make sure the deal is followed through. However, depending on the state you live in, surrogacy may not be an option.
Legal Rights for LGBTQ Parents
Understanding your can be important for knowing what to prepare for. This can be important for marriage, adoption, foster care, or divorce. One basic right of all parents that can be granted or removed involves legal rights over the child. The parent with legal rights, or the legal parent, is the parent who can make decisions for the child-related to school, religion, and medical care.
Things can become complicated when it comes to the legal parent status. For example, both parents of a same-sex couple who are granted second-parent adoption will retain their legal rights over the child if they separate. However, the rights of one parent may change if the separation goes to court and other factors like abuse become involved. Divorce cases that involve children come with several determining factors for legal rights over the children and child custody.