What Custody and Visitation Rights Does a Non-Gestational Parent In a Same-Sex Marriage Have?
A non-gestational parent in a same-sex marriage has all the same rights that a heteronormative married couple would have. What I mean by that is as a non-gestational parent, you did not carry the child to term, so you are not the presumed mother and a woman and woman marriage. That means that if you two divorce, and sometimes it does happen, you're in luck. If the child was born during the marriage, you are presumed the parents regardless of if you have any genetic relation and or delivered the child. Secondly, in a recent case out of the El Paso Court of Appeals, they ruled that you do not have to adjudicate for parentage. Filing a suit affecting the parent child relationship is enough to establish the parent relationship between you and the child so you can seek out rights for visitation and or primary custody.
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