I was recently chatting with a same sex couple from the U.S. and they shared their interest in wanting to apply for second-parent adoption after their baby/babies are born via surrogacy.
Second-parent adoption is the adoption of a child by a second parent in the home who is not married to the legal parent of the child. A second-parent adoption allows a second parent to adopt a child without the "first parent" losing any parental rights. Adoptive parents usually have the same rights as biological parents in custody and visitation matters in most States that allow for this type of adoption. Second-parent adoption is not allowed in all States.
It's only natural that both parties want to be the legal guardian of their child; however, this can get tricky across the United States. I gave the couple the same exact advice I give when asked about surrogacy…you absolutely must consult with an attorney who specializes in adoption.
Jason Hanna and Joe Riggs; a same sex couple from Texas, went through surrogacy in the United States, had twin boys this past April and were denied the right to adopt each other's child. The couple used each of their sperm for the embryos. Jason and Joe were married last July in Washington D.C. where gay marriage is legal. Texas does not recognize gay marriage. They are still in the process of trying to fight their case. http://www.huffingtonpost.com/2014/06/18/jason-hanna-and-joe-riggs_n_5506720.html
This was something their surrogate attorney should have looked into before allowing them to embark into surrogacy. Now laws change every day and more states are beginning to recognize gay marriage. Here is a couple that is trying to plan for their babies future…the "what if's". No one likes to think about them but unfortunately happen.
CARE Surrogacy Mexico provides it's clients with the services of a skilled surrogacy and assisted reproductive attorney. Ivan Davydov has the experience and knowledge of surrogacy/adoptive law to help you navigate this process. http://www.surrogacymexico.com
Source: https://www.childwelfare.gov/adoption/adoptive/glbt_families.cfm
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