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A Minnesota Adoption Attorney Discusses the Need to Legalize Your Relationship With Your Child
With the looming inevitability of another conservative administration, I’ve been getting a lot of questions (panicked calls) on how the changing administration may affect LGBT clients. This is the second in a series of posts to cover the legal challenges ahead that I foresee and ways to be proactive in addressing them. This post is an urgent call to action: Adopt your child now!
A common scenario
Ellen and Portia are married and decide to have a baby. They both want Portia to carry the child. Portia has a healthy baby boy named Elton, and they put both of their names on the birth certificate. Is that enough? I mean, Ellen’s name is on the birth certificate as a parent, so they’re done, right? Not so fast.
Under Minnesota (and many other states) parentage law, simply being listed on a birth certificate (even if married) does NOT establish a legal relationship between Ellen and Elton. The only way to ensure that Ellen’s parental relationship with Elton is legally recognized is for her to formally adopt Elton.
There is further confusion in 2024, with the revised Minnesota Parentage Act seemingly doing away with the need for adoption. Please don’t be confused. If you are in the same situation as Ellen, you should adopt! The new law applies to a very small number of cases and is based on written consent PRIOR to conception. Most couples do not even know about this requirement.
The main concern here is not so much whether Minnesota will recognize that relationship as we do have some laws that offer Ellen protection and are mostly a progressive state. But what if Ellen travels with Elton alone? Will another state recognize her as the legal parent? What if they move to Florida, and something happens to Portia? Ellen runs the risk – however small- that Elton could be taken from her in a non-supportive jurisdiction. And, based on this election, it seems there are now more non-supportive jurisdictions than supportive ones in this country. Please protect yourself to the fullest extent available to you and adopt now.
The Solution
But, another state (even Florida) must recognize a valid court order from a Minnesota court. So, while they can reject the birth certificate naming Ellen or, if the Supreme Court overturns gay marriage, Portia and Ellen’s marriage, a U.S. court CANNOT reject a valid court order from another state!
Stepparent adoption is a relatively simple, straightforward process in Minnesota that requires the right guidance. Unique Estate Law is knowledgeable and experienced in handling these matters and will be at your side with understanding and advice. Please be sure that any attorney you meet with is fully conversant in gay rights. Don’t be fooled by someone acting in support to get your money.
To fully understand how strongly I believe you need to adopt that child, just know that I legally married my wife in 2013, and our son was born in 2014. I adopted him the same way I adopted our daughter, who was born in 2007, long before our marriage was legal. So, I put my money where my mouth is on this issue.
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Contact us now to start the process of securing your legal relationship with your child! It’s the most important thing you can do to proactively protect yourself!