How Can Trump Impact Your Parental Rights?

With Trump officially sworn in as the 45 President of the United States; many are running to their local family lawyer. Why? Because parentage rights may be in question. In Washington State one parent is considered the biological parent of the child and the other presumptive parent. This can get complicated for same-sex couples.


Couples shouldn’t wait for the administration to change that parental rights. In this piece from ABC news one couple explains why they chose to move forwards with adoption; wanting a decree of parentage to ensure their rights to their children.

The Washington State Statue, RCW 26.26.116 spells out that in a domestic partnership or marriage the person married to the mother or father of the child is presumed to be the parent of that child. If your wife has a baby, you as the other wife, would be the presumed parent; but that doesn’t legally make you a parent in every jurisdiction. Presumption of parenthood isn’t the same as legal parenthood; and couples are advised to confirm their legal rights in the wake of the new administration.


Under the Supreme Court Case decided in 2015, Obergefeell v. Hodges, all states were required to recognize same sex marriages and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex validly performed in other jurisdictions. Under current law, you may be presumed to be the parent; but will other states recognize this presumption in the future?


As the National Center for Lesbian Rights articulates “Regardless of whether you are married or in a civil union or comprehensive domestic partnership, NCLR always encourages non-biological and non-adoptive parents to get an adoption or parentage judgment, even if you are named on your child’s birth certificate.” Second parent adoption is the most common way that non-biological parents may seek legal parental rights. You cannot presume just because you are on the birth certificate that you may have legal parental rights.


You never want your parental rights to your child to be challenged. The only way to ensure your rights in the wake of this administration is to move forward with adoption of your own child. This administration is moving quickly to strip parties of rights that were previously taken for granted.


For assistance with adoption, or for guidance regarding your parental rights speak with one of our Washington State Family Law Attorneys at Elise Buie Family Law Group, PLLC.  We provide a free consultation to help get you started. 


If you are looking for further ways/tips to support and help LGBTQ-owned small businesses, check out this guide.

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.

FURTHER READING

Latest Blog Posts

Death is a part of life. Like taxes, there's no avoiding it. Also, like taxes, you may not like thinking or talking about the subject. However, if you think about death and how to handle your remains from a planning…

Every child deserves love, stability, and consistency. Is there a child in your life that you have considered adopting, perhaps because they are the child of your spouse or a child you are fostering? Perhaps there is an adult in…

The thought of losing your home or its contents in a disaster is a scary thought. Loss of life, destruction of irreplaceable items such as home movies, photos, and heirlooms make it unconscionable. But as we know in life, sometimes…

Spoiler alert: If you’re doing everything around the house (or at work) because you’re living (working) with a bunch of incompetent fools, or so they’ve led you to believe they are, you’re being manipulated. So pervasive is this phenomenon, there’s…

If you've created an estate plan, you've already spent a good deal of time thinking about what will happen to you if you become sick, incapacitated, or die, including where you will go (literally) when you die. After all, you don't want your…

If you're 18 or older and live in Washington State, you can legally change your name to anything you want as long as you're not doing so to commit fraud. For example, if your goal is to change your name to evade…

Your estate plan should ensure your special needs child experiences the best quality of life they can, that the assets upon which they will rely will last as long as possible during their lifetime, and that their eligibility for public services will be maximized. Learn more.

Popular culture is using the moniker "America's daughter" to describe Gabby Petito because she could've been any of our daughters. Learn how to talk to your daughter about the signs of domestic abuse.

When a couple decides to divorce, and one spouse is unable to support themselves, spousal support becomes a hot-button issue. Learn how to mitigate conflict and move forward.

To date, 676,000 people in the US have died from COVID-19, many parents of minor children. Without a will there is no instruction on who should care for them. Make your wishes known, learn how.