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De Facto Parents - Who is a Legal Parent? Part 8

UPDATE: With the passage of the Massachusetts Parentage Act, the definitions of legal parentage have been updated by the legislature.  Read this article to learn more:  The Massachusetts Parentage Act by Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders Original Post: Our previous posts in this series have all addressed legal parental rights created or enabled by statute.  In some instances, though, the Probate and Family Court has extended legal parentage rights beyond the statutory rights.  The Massachusetts Appeals Court case E.N.O. v. L.L.M . defined a de facto parent as: “one who has no biological relation to the child, but has participated in the child’s life as a member of the child’s family. The de facto parent resides with the child and, with the consent and encouragement of the legal parent, performs a share of caretaking functions at least as great as the legal parent.”  E.N.O. v. L.L.M. (1999) The decision of...

Who is a Legal Parent? Part 1

UPDATE: With the passage of the Massachusetts Parentage Act, the definitions of legal parentage have been updated by the legislature.  Read this article to learn more:  The Massachusetts Parentage Act by Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders Original Post: Many have tried to frame the debate over same-sex marriage or LGBT rights to be a debate over the changing definition of parents and family.  But the truth is that the definition of family has been constantly changing and evolving and the definition of a parent has always differed from family to family.  Some people are raised by a male and female parent, and others are raised by a grandparent, or one parent, or two female or two male parents.  And many children have more than two people that function as parents and role models. The definition of biological parent is clear; requiring a male and female genetic component to create a child.  However, definin...

SJC Case Summary: Sperm Donor is not a Legal Parent entitled to Notice of Adoption

Guest Post by Beth Aarons , a Mediator and Collaboratively trained attorney who is of counsel to Skylark Law & Mediation, PC and who also has her own practice in Newtonville .  Beth is available for consultation on adoptions , like the one discussed below: In a recent slip opinion Adoption of a Minor, SJC-11797 , the Massachusetts Supreme Judicial Court (SJC) determined that a known sperm donor of a child born to a married same-sex couple is not a legal parent of the child who would be entitled to notice of the child’s adoption. J.S. and V.K., two women legally married to each other, conceived a child through artificial insemination with a known sperm donor.  The child’s birth certificate names J.S. and V.K. as the legal parents and to protect their rights they sought to jointly adopt their son to ensure equal recognition of their parentage outside of Massachusetts.  The Probate and Family Court declined to allow the adoption to proceed absent legal notice to t...

Teen Parenting Support Groups

While parenting of adolescents is challenging by itself, divorce and separated parenting can add even more complication.  We often encourage parents to consider the use of trained therapists to assist when issues arise with co-parenting teenagers.  Carly Baker, a trained Collaborative Coach and therapist, is offering two upcoming 8 week therapeutic support groups for parents of adolescents: Flyer for Daytime program beginning on Wed, April 29, 2015 Flyer for Evening program beginning on Tuesday, May 5, 2015 Click here for more information on Separated Parenting.