When a same sex couple has a child, the parental relationship is primarily comprised of a biological parent and a second non-biological parent, also called a co-parent. Although the second parent may have an emotional, physical and custodial relationship with the child, they do not have the same legal rights as a biological parent. A biological parent automatically has legal parental rights over their child, whereas the second parent may only acquire them through the court system. For this reason, a couple may wish to proceed with a second parent adoption in order for both parents to have the same legal rights, despite the biological relationship with the child.
What is Second Parent Adoption
A second parent adoption provides a way to legally convey parental rights to an adult who is not a biological parent, without taking away rights from the child