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Legal Issues Concerning Gay Parents

Plan for your child's future NOW...


**Please note that the recommendations made here are not to be construed as legal advice. And we strongly recommend you seek the advice of a competent attorney when dealing with ALL legal matters.

There are many important issues that need to be addressed when you have children. If your wishes are not clear, the courts will determine your child's fate as they see fit. Make sure you put it in writing...the sooner the better!



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  • If you are using a known donor and you wish for him to waive his parental rights, you need to have him sign a donor agreement. This will relieve the possibility of any headaches in the future, should the donor develop a deep relationship with the child and later change his mind about the level of involvement he wishes to have in the child's upbringing.

    Download a sample donor agreement from the HRC
    (for states allowing second-parent adoption)

    Download a sample donor agreement from the HRC
    (for states where second-parent adoption is NOT available)

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  • It is always a good idea to have a domestic partner agreement in any committed relationship. This ensures that you and your partner are protected in the event of death or separation. These documents typically determine property ownership, expected duties and chores, and disbursement of income.

    Download a sample domestic partner agreement from the HRC

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  • Now that you will have children dependent upon you for their every need, it is of the UTMOST importance that you have at the very least a will, and a living will is not a bad idea either.

    If you die without a last will and testament, your partner will face an unbelievably intricate web of legal battles and may very well get nothing in return. To make sure that your property and personal belongings go to the people YOU want, instead, of the court's wishes, take this very important legal precaution!

    Download a sample will from the HRC


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A living will is a medical directive that communicates to your loved ones and your care givers exactly what your wishes are concerning life-sustaining measures.

Learn more about state-specific living wills by consulting a lawyer in your area.



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Second-parent adoptions are available in all counties in these states:

  • California
  • Connecticut
  • Illinois
  • Massachusetts
  • New Jersey
  • New York
  • Pennsylvania
  • Vermont
  • Washington D.C.
**Please consult an attorney for help with all your adoption questions.


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