second parent adoption custody

Hi there,

Not unexpectedly, the rules on same-sex marriage and parenting are in flux in Massachusetts. One of the changes has been in the area of need to adopt.  My very talented partner, Robin Lynch Nardone, discusses this interesting topic below.

Best,

Nancy

 

In February 2012, the Massachusetts Appeals Court ruled that a child born of a same-sex marriage is the legitimate child of both people – meaning that both spouses are the legal parents of a child born during the marriage without the need for the “non-biological” parent to adopt the child.  In the case of Gabriella Della Corte v. Angelica Ramirez, Ms. Della Corte was artificially inseminated with the sperm of an anonymous donor approximately two months before Ms. Della Corte and Ms. Ramirez were married in Massachusetts.  The child was born after the date of the marriage.  When the marriage soured, Ms. Della Corte took the position that Ms. Ramirez was not a parent to the child, and thus could not be given custody or parenting rights, given that she had no biological connection and had not adopted the child during the marriage.  The Appeals Court disagreed.… Keep reading