Is a donor agreement enough to protect your same sex partner from a challenge of parental right?
Usually not. In California, maybe. In short, we recommend a second parent adoption or a ‘Paternity’ action to terminate the parental rights of the (known) donor ‘father’ and establish the non-carrying spouse as the second parent in the eyes of the law.
But why? The law is unsettled, especially with the passage of new legislation that allows for more than two legal parents of a child.
The water gets a little murky, so put on your waders and let us walk you through the details. Keep reading to learn all you’ll need to know about same sex partner parental rights.