Only on TV. There was a situation similar to this on ER several years ago. The one that carried the child died and her family ended up getting custody.
I don’t know what the law states but it would seem to me as though there should be some sort of legal document written up and notarized, at least a will making the other “parent” legal gaurdian should anything happen or stating custody rights.
I dont’ know how they would work this should they split up but if the courts do not recognize the domestic partnership I do not believe they would recognize custody either…
quote:
[i]Originally posted by needinganswers[/i] [br]I heard a 'rumor' around 'the watercooler' and was curious about the circumstances. I know it's bad to evesdrop, but they were talking quite loud [V]There is a lesbian couple that have had a baby. The baby was conceived artificially and one of the partners carried it in her womb. On the birth certificate, only the mother is listed. The other parent is unknown. Parental rights by the sperm donor have been terminated. My question is…what legal rights does the other partner have to the child? They all live together (but aren’t married). If the couple splits up (which was the source for the rumor), does the ‘partner’ have to pay child support to the ‘mother’? Does the ‘partner’ have visitation rights? The situation here is that the partner said the mother promised her that if anything ever happened, then the partner would get to keep the child. There is no legal document stating that.
I feel if the situation got nasty, the ‘mother’ could say to heck with you…this child is mine biologically.
Has anyone ever seen this situation?
I haven’t seen this situation, but for an off-the-cuff worth-slightly-less-than-what-you-paid-for-it opinion, only the biological mom has any rights to speak of, and even the guardianship could be very easily contested in court.
The partner would adopt the child. That is how it’s done in Massachusetts
Which would not apply in NC, since NC does not recognize same-sex marriages.
In order to answer your question I would need to know if there were any specific legal agreements between the couple. There are some legally binding court actions that can be taken between same sex couples.
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That was before same sex marriage was instated in Massachusetts. I would think anyone who has the ability and means to raise a child in a loving environment should not be discriminated because of their sexually preference.
My question had nothing to do with discrimination at all. This parent simply thinks that if they split, then she will be allowed to leave with the child (the non-birthmother). I believe the birth mother may turn vendictive and say she can’t have her. I don’t think there are official adoption papers there NOR a legal document stating the ‘promise’. It has nothing to do with the sexual preference–it’s all about using an innocent child against a parent. Happens all the time in heterosexual couples.
I heard a ‘rumor’ around ‘the watercooler’ and was curious about the circumstances. I know it’s bad to evesdrop, but they were talking quite loud [V]
There is a lesbian couple that have had a baby. The baby was conceived artificially and one of the partners carried it in her womb. On the birth certificate, only the mother is listed. The other parent is unknown. Parental rights by the sperm donor have been terminated. My question is…what legal rights does the other partner have to the child? They all live together (but aren’t married). If the couple splits up (which was the source for the rumor), does the ‘partner’ have to pay child support to the ‘mother’? Does the ‘partner’ have visitation rights? The situation here is that the partner said the mother promised her that if anything ever happened, then the partner would get to keep the child. There is no legal document stating that.
I feel if the situation got nasty, the ‘mother’ could say to heck with you…this child is mine biologically.
Has anyone ever seen this situation?