In 2015, the United States Supreme Court ruled that gay marriage is a constitutional right, making it legal across all fifty states. The Court’s ruling was a huge milestone in the gay and lesbian community and it changed the legal rights of same-sex couples in New Jersey. At the Law Office of Rachel S Cotrino, our family law attorneys help the lesbian, gay, bisexual, and transgender community with issues such as securing parental rights and adoption so they can enjoy the same benefits that heterosexual couples enjoy. Contact a knowledgeable and compassionate Mercer County LGBT family lawyer from our firm for an initial consultation today.
LGBT Divorce in New Jersey & Children’s Issues
Same-sex divorces can become more complicated than other divorces because of the following issues:
- Adopted Children: If the child or children are not the biological children of the parents, they are still held to the same child custody standards as anyone else. However, if only one parent is officially the legal parent of the child, complex issues can arise if the other parent fights for custody.
- Biological Child of One Parent: In some cases, the child is the biological child of one parent, and the other party may be a step-parent or the adoptive parent of his or her partner’s biological child.
- Children of Unmarried Couples: Same-sex couples may have a domestic partnership, a civil union, or may not have a “legally recognized’ relationship at all. These circumstances create challenging legal issues surrounding LGBT child custody.
Adopting a Child: Second Parent Adoption in New Jersey
A single-parent adoption allows an individual to pursue adoption from the state or the birth parent. This is a great option for many people and allows them to give a loving and caring home to a child. You and your partner may be looking to experience the joy of parenthood together. Our attorneys can assist you in meeting that dream.
A couple can pursue a joint adoption, which will allow them to both be considered the legal parents. For some, your spouse may already have a child from a previous relationship, a child that they adopted before, or a child conceived with artificial reproduction technology. In these cases, we can pursue what is known as second-parent adoption or co-parent adoption, whereby you may be granted rights as the child’s parent, and you are viewed as an equal parent along with your partner.
Transgender Parents & Custody Rights in New Jersey
When a transgender parent is involved in a custody dispute, additional considerations can arise, particularly if one parent attempts to challenge custody or parenting time based on the other parent’s gender identity. In New Jersey, courts are required to focus on the best interests of the child, and a parent’s gender identity alone should not determine custody.
However, these cases can still become complicated, especially where there are disagreements over a child’s upbringing, support, or exposure to certain issues. Our attorneys work to ensure that transgender parents are treated fairly while protecting their rights and their relationship with their children.
Assisted Reproduction & Legal Parenthood
Many same-sex couples in New Jersey choose to grow their families through assisted reproductive technology, including in vitro fertilization (IVF), sperm donation, or egg donation. While these methods provide incredible opportunities for parenthood, they can also create legal questions regarding who is recognized as a child’s legal parent.
Even where both parties fully intend to raise a child together, legal parentage is not always automatic without taking the proper steps. It is often important to establish parental rights through agreements or court orders to avoid future disputes and to ensure both parents have equal rights when it comes to custody and decision-making.
Surrogacy Agreements in New Jersey
Surrogacy can be a meaningful path to parenthood for many individuals and couples, but it is a process that should be carefully handled from a legal standpoint. In New Jersey, gestational surrogacy is recognized, though it requires a clear and enforceable agreement between the intended parents and the surrogate. These agreements typically address important issues such as parental rights, financial responsibilities, and expectations throughout the pregnancy. Our firm assists clients in preparing and reviewing surrogacy agreements as they grow their families.
Contact an LGBT Family Lawyer in Mercer County, New Jersey
When it comes to LGBT family law issues, it is important to have a lawyer who is well-versed in the laws of New Jersey pertaining to your case. At The Law Office of Rachel S. Cotrino, our attorneys have significant experience handling divorce and other family law issues involving same-sex couples. Contact us today for a consultation.
