Attorney Services for NYC LGBTQIA+ Families Welcoming Children

Acknowledgment of Parentage

Thanks to the tireless efforts of legislative advocates in the State, LGBTQ+ parents now have the right to have both of the names of the newborn’s parent placed directly onto the birth certificate.

In New York, an acknowledgment of parentage has the same legal force and effect as a judicial order establishing parentage.

However, there are some circumstances in which it is not advised for both of the child’s intended parents to sign an acknowledgment of parentage in favor of other options.  It is best to consult with an attorney to decide whether this or another process is right for your family.

Judgment of Parentage

A judgment of parentage is a legal order from a judge which establishes the parent’s rights within the family and granting full parental rights and duties to the parent, including giving parents the right to have and/or obtain custody, make medical and educational choices for the child, and provide financial and medical support for the child.

In New York, there used to be a legal presumption that a donor, whether known or anonymous, had the presumptive legal rights to parentage.  However, recent legislative advocacy has resulted in landmark laws being passed in 2021 that grant the intended parents, who were intended to parent the child prior to conception, the rights to parentage.

A judgment of parentage is obtained in New York by filing a petition on behalf of the intended parents, who may have conceived via Assisted Reproduction Technology (ART) or surrogacy.  After the petition is filed, a hearing is held in the Court whereby the Court considers if there is any objection.  If there is not, the Court typically will grant an order which affirms the parentage of the intended parents.

A judgment of parentage is a helpful tool, and many parents choose this route.  It is less expensive and less invasive than a second-parent adoption, explained below.  However, some parents choose a second-parent adoption for the following reason.

In the United States, there is a longstanding federal policy called “Full Faith and Credit,” which states that every State must recognize a court order issued by the Court of another State.  More specifically, in 2016, a landmark Supreme Court case confirmed that states must give “Full Faith and Credit” to adoption orders issued by other states.

Because a judgment of parentage is a court order and not an adoption order, a judgment of parentage is presumed to require recognition by other states, but there is no recent Supreme Court decision explicitly including judgments of parentage in the Full Faith and Credit policy like there is for adoption orders.  Some families, particularly families who have connections to other states or may intend to move states at some point in their lives, choose to go through with a second-parent adoption to have an additional layer of protection and ensure that their rights are airtight.

Second-parent Adoption

Second-parent Adoption is a process that some LGBTQ+ and queer families go through, particularly after having had a child through ART or surrogacy, that establishes the formal parent-child relationship with the second parent, often referred to as a non-biological parent.

The primary benefit of a second-parent adoption over a judgment of parentage is that it is guaranteed to be recognized by all states.  It is particularly important for LGBTQ+, same-sex, and queer families, as some states do not allow both parents in a same-sex couple to jointly adopt a child, or will not recognize a birth certificate with same-sex spouses because they do not recognize the marriage itself.

A second-parent adoption can be a lengthy process, which often requires the family to go through home studies with social workers, submit reference letters, undergo criminal background checks, and appear in court multiple times.  At the end of the process, the parents have an order acknowledging their parentage that must be recognized nationwide.