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Adoption and Parenting When You're Lesbian or Gay


Make a Parenting Agreement

If you've committed to joint parenting but can't adopt (or choose not to), the first thing you should do is write up a parenting agreement. The agreement should specify that, although only one of you is the legal parent, you both consider yourselves parents of your child, with all the rights and responsibilities that come with parenting. Include language that clearly states your intentions to continue co-parenting even if you end your relationship. It's also wise to go further and cover financial issues, as well as the legal parent's intention to provide the second parent with generous visitation, access to school and social events, and so forth, in the case of a break-up.

Then, if the unfortunate does occur and you split up, honor your agreement. Since you've both agreed to co-parent without the legal advantages and protections of adoption, it's up to both of you to put your differences aside and make your child's needs a priority. If you can't resolve the issues amicably, you must take your chances with your state's court system. The outcome of such a battle is anything but certain.

 

Guidelines for Co-Parents

Same-sex parents might find it helpful to read Protecting Families: Standards for Child Custody in Same-Sex Relationships, by Mary Bonauto, the attorney who argued and won an important Massachusetts parenting case. This guide offers ten proposals for lessening conflict in co-parenting intentions. The proposals cover matters such as being honest about the nature of each parent's relationship with the child, considering disputes from the child's perspective, and trying to reach a voluntary resolution of disputes. They may help you work out your difficulties and create an arrangement that's best for the health and happiness of your child. You can download the guide from the GLAD (Gay & Lesbian Advocates & Defenders) website at http://www.glad.org. Look for it in their list of publications.

Copyright 2006 Nolo

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