Second Parent Adoptions: What Missouri Same-Sex Parents Need to Know

If you’re in a same-sex marriage and would like to protect your relationship with your partner’s biological child, you may be wondering what legal measures you can take. It’s important for same-sex couples to understand that when a non-biological parent enters into a domestic partnership or same-sex marriage with someone who has a child, it doesn’t give them automatic parental rights. The only way parental rights for a non-biological parent can be secured is through the second parent adoption process.

What is Second Parent Adoption?

Second parent adoption is the legal process associated with allowing a non-biological parent to adopt the child of their partner. This allows the non-biological parent in a same-sex union to have the same rights, obligations, and responsibilities as the biological parent. Importantly, Missouri law allows both opposite-sex and same-sex couples to adopt through the second parent adoption process — as well as couples and individuals who are not married.

Who Needs to Pursue Second Parent Adoption?

Whether a non-biological parent in a same-sex marriage needs to pursue second parent adoption depends on the specific circumstances of the case. Under Missouri law, partners are generally considered a child’s legal parents if they are legally married at the time of the child’s birth. However, this legal presumption can be more complex when it comes to same-sex parents.

In situations where the child was conceived using assisted reproductive technology, and the couple was not married, the biological parent may be considered the sole legal parent. In order for the non-biological parent to have parental rights in these cases, they would need to pursue second parent adoption. However, the Missouri Uniform Parentage Act specifies that the husband of a woman who has conceived through artificial insemination will be legally treated as the child’s natural father — this same law applies to same-sex couples who are married. There are no such laws in place that address conceiving a child through surrogacy.

Regardless of the situation, it's not always sufficient to establish parental rights by naming a spouse on a birth certificate. It’s typically best for the non-biological parent to obtain an adoption decree since it provides irrefutable proof of parentage. If the child was from a partner’s previous relationship, the non-biological parent would also need to legally adopt them.

What are the Benefits of Second Parent Adoption?

There are a number of benefits to second parent adoption for both the non-biological parent in a same-sex union, and the child. Not only does it formalize the emotional bond that is already in place, but there are a variety of legal protections it can offer. Without legally adopting a child, a non-biological parent may face challenges regarding picking the child up from school, obtaining urgent medical treatment, or making other decisions in the event the biological parent cannot be reached.

Significantly, second parent adoption can provide the following advantages to a non-biological parent in a same-sex union:

• Strengthen the emotional connection between the non-biological parent and the child
• Allow the non-biological parent to have the same rights and responsibilities as the child’s biological parent
• Allow the non-biological parent the right to be able to make important decisions about the child’s education, healthcare, and religious upbringing
• Provide the non-biological parent with custody and visitation rights in the event of divorce from the biological parent
• Ensure the child cannot be taken from the non-biological parent in the event of the biological parent’s death or incapacity

For a child, second parent adoption allows them to have the security of knowing they have two parents who are dedicated to their well-being. It also can give them a sense of stability, access to health and administrative benefits through their stepparent, and the same inheritance rights that they would have if they were a biological child. In addition, once second parent adoption is established, the child would be entitled to financial support from the non-biological parent if the parents divorce or part ways.

Contact an Experienced Family Law Attorney

Second parent adoption for same-sex couples can be complex and it’s critical to have the representation of a compassionate family law attorney who can advise you of your legal rights. Divorce and family law attorney Mark A. Wortman provides trusted representation to clients in the greater Kansas City, Missouri area who are facing a wide variety of matrimonial and family law matters, including those involving second parent adoptions for same sex couples. To schedule a confidential consultation to learn how he can assist you, please contact him today online or by calling (816) 523-6100.