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  • Writer's pictureJames Chau

Father's Rights and Lesbian Partners

Updated: Oct 17, 2022

The new world issue of alternative families and the intersection of the old family code is causing some changes to the law.

I read this interesting article today about LGBTQ rights in paternity considerations.  In the article, a sperm donor Father later wished to exert parental rights after previously agreeing to be a sperm donor only. The parties all agreed without formalities of the law. After the child was born, the sperm donor father had a change of heart and filed court papers to have access to the child.

A New York Appeals court ruled in favor of a lesbian couple against the right of the biological father to have consideration for time share of the child. 

The article goes on to discuss the rulings in different states, and the standards applied.  For instance, some states rely on the pregnancy being initiated in a formal medical setting and not an in-home procedure.  With the waters being tested in the courts no in regard to same sex parents’ rights, this raises interesting issues.  Custody issues are complex, and the fairly new introduction of same sex couple marriages can be confusing to the courts if cases are not presented adequately.

At the Law Office of James Chau, we have experience working with same-sex divorce and their custody issues, and are aware of the legal considerations required to present to the court to make the best case possible.  If you are experiencing a similar situation, please reach out to us.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyer office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. San Jose unbundled limited scope family lawyer.

We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, Santa Clara, Sunnyvale, Hayward, Union City

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