Same sex marriage has only been legal in Oklahoma since 2014. As such, most people are aware Oklahoma LGBTQ family law is constantly evolving. Recently, despite both parents' names appearing on the birth certificate in a same-sex marriage, an Oklahoma judge denied a mother her parental rights when the marriage went sour.
Specifically, the judge issued a temporary order blocking the custody rights of a mom to her child because she was not the "gestational parent" in a same sex marriage in Oklahoma. The judge pointed out the non-gestational party to the marriage could have pursued any legal remedy including an adoption to establish parental rights and cited her failure to do as the reason behind denying the non-gestational spouse access to the child.
Now, a lot of same sex couples are asking what can they do to protect themselves from being in a similar situation?
- Legally adopting a child if you are the non-gestational parent would provide you the greatest protection.
Call Hayes Legal Solutions, PLLC today to discuss your situation and discuss the advantages and disadvantages of second parent adoptions.