Two Is Enough? Complex Family Structures, New Parenting Designations

December 09, 2010 (Press-News.org) The concept of two parents per child is deeply embedded in our legal system. But with relatively recent social developments such as domestic partnerships and scientific breakthroughs like assisted reproduction, children more frequently enjoy a parental relationship with people who have no legal recognition of their role.

One increasingly common scenario is a same-sex couple who enlists a surrogate mother or sperm donor to help them become parents. If that couple chooses a trusted friend to help them create a child, they may also invite and encourage that person's ongoing role in the child's life. But in Texas and most other states, current law will not recognize this three-parent reality.

A few isolated legal developments in Massachusetts, California and Canada show that courts have been willing to extend parental rights if a child's best interests are served. "The law needs to adapt to the reality of children's lives, and if children are being raised by three parents, the law should not arbitrarily select two of them and say these are the legal parents, this other person is a stranger," Nancy Polikoff, a Washington College of Law family law professor recently told the Boston Globe.

Similar needs may arise for grandparents or other family members who contribute to a child's material needs and emotional wellbeing, and adoption can sometimes provide the solution. The law has evolved considerably from the time when a child born out of wedlock was filius nullius under English common law, with legal parenthood denied even to the mother. Even the concept of illegitimacy survived into the 1960s in some American jurisdictions, thwarting a child's right to death benefits or inheritance. As times change, the law adapts.

Experienced Family Law Attorneys Advise Clients About the Latest Legal Developments

With complex family structures come a variety of serious issues that deserve close scrutiny. By enlisting the help of a law firm that takes a progressive view of family law matters, parents can creatively assess their child custody rights and child custody obligations. Issues of paternity and divorce all bear upon the same central focus: striving to find legal solutions that serve the best interests of children.

Article provided by Law Offices of Ralph E. Williamson
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