Special Legal Issues for Nontraditional Families

Traditionally, the conception of a “family” has been two married, opposite-sex parents with children who are the biological offspring of both parents. While most households with children nationwide still fall into that category, according to census data, the concept of the “family” has broadened significantly in recent decades. So-called “nontraditional families” include unmarried partners, same-sex couples, blended families, co-parented families, and many others. These families generally are entitled to the same legal rights as traditional families under California family law, but the process of obtaining them often looks different. Here, our Stockton family law attorneys explain some of the special legal issues such families often face. 

Establishing Parental Rights 

Under California’s Uniform Parentage Act, parentage is determined by the relationship to the child, not necessarily by biology or marriage. A person who is not the biological parent of a child can establish parentage in several ways, including: 

• By presumption
• By adoption 
• By voluntary declaration of paternity 
• By obtaining a court order 

In some cases, a court may even recognize more than two persons as a child’s parent if the court finds that recognizing only two parents would be detrimental to the child.

Marriage vs. Domestic Partnership 

While opposite-sex and same-sex couples in California are both entitled to marry, they are both also entitled to a registered domestic partnership (RDP). RDPs confer substantially the same benefits as marriages under state law, including community property rules, spousal support, and parental presumptions, among others. However, because RDPs are not considered marriages under federal law, such couples lose some of the federal benefits of marriage, including eligibility to file a joint federal tax return and limited recognition for immigration sponsorship for non-citizen partners. 

Assisted Reproduction and Surrogacy 

Many nontraditional families — and even some traditional ones — require assistance with reproduction, including the use of surrogates. While California is one of the most surrogacy-friendly states in the U.S., the process still involves more red tape than traditional pregnancies and births. Among other requirements, surrogacies require a written surrogacy agreement that spells out (1) the date on which the agreement was executed; (2) the persons from which the gametes originated; (3) the identity of the intended parents; and (4) how the intended parents plan to cover the medical expenses of the carrier and the newborn. 

Grandparent Rights 

Traditional families can become nontraditional families if both parents are deceased, absent, or deemed unfit. In many such cases, the child’s grandparents may seek guardianship or custody. And even in cases where the parents have not lost parental, grandparents be entitled to visitation, such as where the parents are separated, the child is not living with either parent, or a stepparent has adopted the child. 

Our Stockton Family Law Attorneys Assist Families of All Types

Nontraditional families typically face more complex legal hurdles than others, but very few of those hurdles are insurmountable with the assistance of experienced legal counsel. To discuss your family law issue, please contact a Stockton family law attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.