Welcoming a child is an exciting milestone, but legal parentage is not always automatic for LGBTQ+ couples. Whether your family grows through surrogacy, assisted reproductive technology (ART), or adoption, taking the proper legal steps helps ensure your parental rights are clearly established and recognized.
A parentage order provides legal certainty for your family and can help prevent questions about parentage in the future. At Foster + Bloom, we guide LGBTQ+ families through this process, helping them navigate state-specific requirements and secure the legal protections their families deserve.
What Is a Parentage Order?
A parentage order is a court order that legally establishes a parent-child relationship. For many LGBTQ+ families, it provides legal recognition that may not automatically exist based on the way a child was conceived or born.
A parentage order confirms each legal parent’s rights and responsibilities, including the ability to make decisions about the child’s healthcare, education, and well-being. It also helps ensure the child has access to legal benefits such as inheritance rights and health insurance coverage through their parents.
Parentage laws vary by state and by the path you take to parenthood, whether through surrogacy, assisted reproductive technology (ART), or adoption. Working with an experienced attorney helps ensure your family completes the legal process required in your state.
Is a Birth Certificate Enough to Establish Legal Parentage?
For many families, having both parents listed on a child’s birth certificate feels like the final step. While a birth certificate is an important legal document, it may not fully establish or protect legal parentage in every situation.
A birth certificate identifies a child’s parents, but its legal effect varies depending on state law and your family’s circumstances. For some LGBTQ+ families, additional legal protections may be recommended to help ensure parental rights are recognized if questions arise in another state or during a legal dispute.
A parentage order or second-parent adoption can provide that added protection. An experienced family-building attorney can help determine which legal steps are appropriate based on your family’s path to parenthood and the laws of your state.
Can Both Same-Sex Parents Be Listed on the Birth Certificate?
In many states, yes. LGBTQ+ couples are often able to have both parents listed on their child’s birth certificate, making it easier to manage everyday responsibilities like enrolling a child in school, obtaining a passport, and accessing medical care.
While a birth certificate is an important legal document, it does not always establish or protect legal parentage in every situation. For families who grow through surrogacy or assisted reproductive technology (ART), additional legal steps may be recommended depending on state law.
When Do LGBTQ+ Couples Need Parentage Orders?
A parentage order may be recommended whenever legal parentage is not automatically recognized under state law. Whether one is appropriate depends on your family’s circumstances, how your child was conceived or born, and the laws of the state where your family lives.
Parentage orders are commonly used for families created through surrogacy, assisted reproductive technology (ART), or other family-building paths involving donor sperm, donor eggs, or donor embryos.
Parentage Orders vs. Second Parent Adoption
Parentage orders and second-parent adoptions both help establish legal parentage, but they are used in different situations. The right approach depends on your family’s path to parenthood and the laws of the state where your child is born or where your family lives.
Second-Parent Adoption
A second-parent adoption may be recommended for some LGBTQ+ families, depending on state law and how the family was formed.
- Primary Use: Used when one parent is already the child’s legal parent and the other parent is seeking to establish legal parentage without affecting the first parent’s parental rights.
- Timing: Completed after the child is born.
- Process: May involve filing an adoption petition and completing additional legal requirements, though some states offer a simplified process for confirmatory adoptions.
- Recognition: Adoption decrees are recognized throughout the United States and provide lasting legal protection for parent-child relationships.
Parentage Orders
Parentage orders are another legal option available to many LGBTQ+ families, particularly those who grow their families through surrogacy or assisted reproductive technology (ART).
- Primary Use: Commonly used to establish or confirm legal parentage for intended parents.
- Timing: May be obtained before or after a child’s birth, depending on state law.
- Process: Relies on meeting the legal requirements for a parentage order under applicable state law.
- Recognition: Parentage orders are widely recognized, though the legal effect of an out-of-state order may vary depending on the circumstances.
The best legal path depends on your family’s unique circumstances and the laws of your state. An experienced family-building attorney can help determine which approach best protects your parental rights.
Obtaining a Parentage Order: 4 Steps
Obtaining a parentage order involves several legal steps, though the process varies depending on your family’s circumstances and the laws of your state. In general, you can expect the process to include:
- Step 1: Work With a Family-Building Attorney: Your attorney will review your family’s path to parenthood, explain the legal requirements in your state, and determine the most appropriate process for establishing parentage.
- Step 2: Prepare the Required Documents: Your legal team will gather the documents needed to support your petition. Depending on your circumstances, this may include medical records, donor consent forms, surrogacy agreements, or other supporting documentation.
- Step 3: File the Petition: Your attorney will file the petition with the appropriate court. For some surrogacy arrangements, this may occur before the child’s birth, while other families complete the process after delivery.
- Step 4: Receive the Parentage Order: Once the court issues the parentage order, certified copies can be provided to the appropriate parties so your child’s legal records accurately reflect your family’s parentage.
Since parentage laws and court procedures vary from state to state, working with an experienced family-building attorney helps ensure the process is completed correctly and in accordance with local requirements.
Protect Your Family’s Future With Foster + Bloom
Every family’s path to parenthood is unique, but every family deserves lasting legal protection. Establishing legal parentage helps ensure your rights are recognized and your family’s future is secure, no matter where life takes you.
At Foster + Bloom, we partner with LGBTQ+ families to navigate parentage orders and other family-building legal matters. With experienced guidance and a personalized approach, we’re here to help you protect what matters most.