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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 debbie@mooreandhunt.com

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 http://www.iflg.net/blog Rich@IFLG.net (323) 331-9343 PHONE (323) 331-9353 FAX

 
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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.
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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.
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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).
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