Tag Archives: biological parent

Determining Parental Responsibilities After Same-Sex DivorceSame-sex couples who have children together can face complications during their divorce or separation that their heterosexual counterparts do not. The right to the allocation of parental responsibilities is based upon both parties being legal parents of the child. Establishing parenthood is clear for most heterosexual couples because they are likely the biological parents of the child. Same-sex couples cannot both be biologically related to the child, and neither are biological parents if the child is adopted. It is in the best interest of the children to maintain a relationship with both parents, regardless of biological relation. However, one parent may try to use the other parent’s non-biological status as a reason to limit his or her parental rights with the children.

Establishing Parenthood

Absent a biological connection to the child, a person can still be legally recognized as a parent in five scenarios:

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