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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am expecting a child in January and I am in a homosexual

Customer Question

I am expecting a child in January and I am in a homosexual relationship. Do we need to be married before the baby is born in order for her to have legal rights with this child?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What about the father? Will he also want visitation? Or not? Is he okay with completely surrendering parental rights if he had to? Or was this a sperm bank situation?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
The fathers location is not known at this time and there is no way of contacting him. I know however that he would not want visitation. This was more of a private donation not through any sperm banks.
Expert:  Ely replied 1 year ago.

Thank you. Whether you are married or not does not really matter. However, the other party would have to file in Court asking for formal custody/guardianship rights to the child (much like a step parent would). The Court is more likely to grant it if (a) the father does not answer the suit or does not object, and/or, (b) there is a marriage (although if a is true, b is not really necessary).

Ergo, to sum up: Marriage is not required, but can help. The other party would not immediately have rights to the child in either way, and has to go through the Court to request this.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Customer: replied 1 year ago.
If the child was born while my partner and I were married, can her name be put on the birth certificate in place of the fathers?
Expert:  Ely replied 1 year ago.

Yes. Per a recent bill CA AB 1951, this is possible. See HERE. However, because this is so new, the actual mechanisms to do this may not even be in place yet.

Also, the father would have to sign away his rights and agree to this, most likely.

Again, this is very new, so the processes are still being laid down.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.