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Second Parent Adoptions in DC and Maryland
Tax laws, probate laws, and many other laws treat unmarried couples differently than they do married couples, and because gay couples cannot be legally married in Maryland, Virginia, or most other states, same-sex couples face special challenges when they have children. The experienced attorneys in our practice are familiar with all aspects of planning for the non-traditional family, including adoption law for same-sex couples.
We take a special pleasure helping gay and lesbian couples ensure the safety and security of their children by assisting with second-parent adoptions. It is critical for Gay and Lesbian couples with children to perform a second-parent adoption to ensure that both parents enjoy the rights and privileges of parenting. It is impossible to achieve any meaningful security for your child through a contract.
| But DC lets gay couples marry! If I am married to my partner when we have a baby, do we still need to do a second-parent adoption? (Click here!) |
Can I afford a second-parent adoption? Isn't there a tax credit that helps to pay for it? (Click here!) |
Because of our extensive litigation practice as well as our family law experience, we have the depth of skill necessary to ensure that we can smooth out any bumps that might arise.
Estate Planning with your Adoption. As a special value to you, we write a pair of wills for every couple performing a second-parent adoption at no additional cost. Fortunately, the cost of the second-parent adoption should not be a barrier because the cost is refunded to most of our clients as a direct federal tax credit.
Your Names on Your Baby's Birth Certificate. Many parents have questions about the rules related to naming their child upon birth. Generally, our lesbian clients deliver their babies in Maryland and the District of Columbia. If your child is delivered in Virginia, existing law bars you from adding your partner's name to your baby's birth certificate, even if you complete a second-parent adoption in the state where you live. Therefore, many lesbian moms avoid Virginia around the time of the likely birth.
If you deliver in DC or Maryland, you will not be able to put both mothers' names on the birth certificate at the time of birth. In addition, DC law requires that the child's last name on the original birth certificate be the same as the biological mother's. However, gay and lesbian parents can obtain a new (replacement) birth certificate with both parents' names (listed as "Parent 1" and "Parent 2") after completing a second-parent adoption. You can also change the child's last name as part of the second-parent adoption. (Some families choose to give the child a hyphenated last name or the same last name as the non-biological mother.)
Note that when a child who is born in Maryland receives a new Maryland birth certificate, that birth certificate will not be on normal certificate paper. Instead, it will be printed on plain white paper. It will, however, have the state's raised seal and it will be completely legally valid.
For more information, or to speak with a lawyer, please call us at (301) 656-6905 or send us an email at 2d_adopt@lsslawyers.com.
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