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Q: 2nd parent rights
My wife was pregnant when i married her. We decided to marry quickly so i could be on birth certificate. Our son is almost 3. We have decided to separate. I did not formally adopt him. Do i need to do this even though im on birth certificate to have parental rights? I would like to know if i have the same parental rights as a biological parent without the adoption process since im listed on birth certificate.
A: Response from Richard B. Vaughn
You may or may not have to adopt to secure your parental rights. A birth certificate does not grant parental rights, so just being listed on the birth certificate is usually not enough. There are a variety of parental presumptions giving rights and creating obligations which could affect your rights, and these are affected by local/state law as well. You should seek a family law attorney in your state for further assistance. I'm happy to make a referral if you reply back and let me know where you are located.
Richard B. Vaughn, Esq. International Fertility Law Group Inc. A Professional Corporation 5757 Wilshire Blvd., Suite 645 Los Angeles, CA 90036 RICH@IFLG.NET http://www.iflg.net/blog
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Cliff Greenberg, Esq, has devoted his entire legal career to helping children and families. After graduating from the George Washington University School of Law, he joined the Legal Aid Society's Juvenile Rights Division in Manhattan as a Law Guardian, where he worked tirelessly to ensure that the city's foster children were protected and placed in loving, permanent homes.
Joyce Kauffman is a graduate of Northeastern University School of Law and was admitted to the Massachusetts Bar in December 1992. She has a Master's degree in Counseling Psychology from Lesley College (now Lesley University) and a Bachelor's degree in Child Development from the University of Massachusetts/Amherst. Attorney Kauffman is also a trained Mediator and Collaborative Lawyer; the focus of her legal practice, based in Cambridge, Massachusetts, is LGBT family law and traditional family law.
At International Fertility Law Group (IFLG), Richard B. Vaughn provides legal services nationwide to clients from all over the world hoping to build their families through assisted reproduction as well. Among many other volunteer activities, Rich Chairs the A.R.T. Committee of the ABA Family Law Section. Rich has also served on the National Board of the American Fertility Association (now Path 2 Parenthood).