Many same-sex couples in New Jersey grow their families through different means than heterosexual couples. Typically, they either adopt or use assisted reproductive technology to add children to their families.
In scenarios where one parent provided genetic materials or served as the gestational parent, the other may want to adopt the child to protect their rights. The same is true in scenarios where one spouse in the same-sex couple has legally adopted a child or has a child from a prior relationship. Adoption helps eliminate questions about parental rights if a couple ever divorces.
Custody is more complex during same-sex divorces
Technically, New Jersey imposes the same custody rules on all couples with children regardless of their sexual orientation. In any contested custody situation, the courts should focus primarily on the best interests of the children.
Generally, the courts want to preserve caregiver bonds and keep both parents actively involved in the children’s upbringing. However, the legal and biological connections that establish parental rights may only exist for one parent.
The decision to adopt a spouse’s child during the marriage helps strengthen a parent’s case if they eventually divorce. A same-sex spouse who has legally adopted the biological or adoptive child of their spouse has the same rights as any other parent would in the event of a divorce.
Even in cases where adoption has not occurred, parents in same-sex-relationships do still potentially have rights in family court. They may face a more complex legal process than those who adopt their children.
Understanding how child custody matters can differ from traditional practice during same-sex divorce can help people implement the right protections for their family before divorce is ever a topic of discussion. Adoption is often important for the protection of parental rights in a same-sex relationship.