Parentage Attorney for Same-Sex Couples

Protecting LGBTQ Parental Rights in California

For LGBTQ parents, having children involves more than choosing diapers or deciding whether to breastfeed or chestfeed. Securing legal rights as parents is equally important. Non-biological parents, whether married, in a domestic partnership, or neither, are strongly encouraged to pursue a stepparent adoption or a judgment of parentage.

California's Legal Presumptions for Your Children

  • Automatic Legal Parentage — A child born during a marriage or domestic partnership is legally the child of both spouses or partners.

  • Presumption Continues at Separation — In a divorce or termination of a domestic partnership, the children are automatically presumed to be children of the marriage or partnership for purposes of custody and visitation.

  • Still Recommended — Regardless of this presumption, couples with children are strongly encouraged to seek either a stepparent adoption or a judgment of parentage.

Stepparent Adoption in California

A stepparent adoption allows a non-biological parent to adopt their child, forming a legal parent-child relationship.

  • A Streamlined Process — In most cases involving same-sex parents, no social worker investigation or court hearing is required.

  • Filing and Timeline — Once the paperwork is complete and the biological parent's consent is obtained, the case is filed with the court. The certification of family creation is usually mailed 30 to 90 days after the filing date.

  • Flat-Fee Pricing — All stepparent adoptions are handled on a flat-fee basis.

  • When a Hearing May Be Required — In some cases, the court may order an investigation and a hearing depending on the facts.

  • When Consent Cannot Be Obtained — Where consent cannot be secured, termination of parental rights may be an option.

Secure Your Parental Rights

Contact me, an experienced LGBTQ parentage attorney in Long Beach, for a free consultation at (562) 426-6522.