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Same-sex parents face a different sort of paternity challenge

When the Supreme Court ruled to legitimize same-sex marriage back in 2015, many couples were thrilled to have the chance to solidify their relationships and begin building their families, in Florida and elsewhere. Even so, same-sex couples still face challenges when it comes to bringing a child into their family. One of those challenges relates to how paternity is determined, especially when both parents are women.

In one state, a couple is pushing for changes to the way that a child's birth certificate is created. The couple, comprised of two women, is expecting their second child. Because only one of the women shares a genetic link to the children, the state is refusing to list the other mother on the birth certificate as "father" to either child.

Some states have handled this issue by making use of "presumption of parentage" laws, which allow parents to list their partner as the father to their newborn child. In two states, however, there has been considerable resistance to that change. Same-sex parents in those states are advised to go through an adoption process to grant parental rights to the non-biological parent.

As the case moves on, parents in Florida will join others across the nation in watching to see how the issue is resolved. Same-sex parents have fought an uphill battle for many years, and this is just the most recent issue that will go before the courts. It may seem strange for a couple comprised of two women to face a paternity fight, but that is certainly one way to define this unique legal matter.

Source: USA TODAY, "Gay couples fight to be included on birth certificates", Rebecca Beitsch, June 12, 2017

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Law Office of Amanda Salcido
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Attorney Amanda Salcido has served her country as a member of the U.S. Army JAG Corp for more than 10 years. Her military experience spans over twenty years. Ms. Salcido provides professional legal guidance for service members and non-service members alike.

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