ABOUT Legal Protections

Recent Answers

Ask a Question

Forum Directory

Q: TEXAS Second parent or step parent adoption?

My fiancee and I are planning to get pregnant through help of our close family friend. He agreed to sign over his rights if needed. But I don't know if we would need a second parent adoption or step parent adoption to be done when we do get pregnant. I've seen many same sex couples have the close friend (sperm donor) give up all rights and then the biological parent give up half of their rights and the non biological parent get signed those rights.

PLEASE HELP! This is super important to us.

A: Response from Richard B. Vaughn

First, you should get a contract in place between you and the known sperm donor to make it clear that you are the only legal parents and he is only a donor and has no parental rights.

Second, when the child is born, even though Texas should put you both on the birth certificate (assuming you are married before the birth), parental rights are only automatically granted under the law to the person giving birth. So whichever one of you is not delivering will be best protected with a court order that says she is a legal parent, and that would be called a āstep parent adoptionā order. You should seek the services of an LGBT family law attorney in Texas for this, and I would recommend:

Debra E. Hunt Moore & Hunt Attorneys PLLC Houston, Texas 713-522-4282

Best of luck to you in this process!!

Richard B. Vaughn, Esq. Founding Partner International Fertility Law Group Inc. A Professional Corporation 5757 Wilshire Blvd., Suite 645 Los Angeles, CA 90036 (323) 331-9343 PHONE (323) 331-9353 FAX

Terms of Use

Please remember that this forum is designed for educational purposes only, and experts are not engaged through this forum in rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional. Unfortunately, the experts cannot answer every question they receive or diagnose specific health conditions over the internet.

Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. None of the collaborating websites at which the experts are carried is the publisher or speaker of posted visitors' questions or the experts' material.

Questions and messages posted to this forum are not statements of advice, opinion, or information of Family Equality Council or any of its collaborating sites. We reserve the right to delete, move, or edit postings if we deem it appropriate under the circumstances. Visitors submitting questions remain solely responsible for the content of their messages.

Powered by ExpertViewpoint


Presented in part by
the Center
Cliff Greenberg

Cliff Greenberg

Presented by the Center

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.
Read more...

Joyce Kauffman

Joyce Kauffman

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.
Read more...

Richard B. Vaughn

Richard B. Vaughn

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).
Read more...