Second Parent Adoption Info Sessions:

Tuesday October 18th from 6-7pm ZOOM LINK

Thursday October 27th from 6-7pm ZOOM LINK

Missed the Info Session? Fill out THIS form to let us know you want to hear about the next one!

WHAT IS IT? - Second Parent Adoption (SPA), or co-parent adoption, legally secures the rights and responsibilities of a non-gestational parent in an LGBTQ+ couple. An SPA is a formal court process that severs the parental rights of any known or unknown donor and legally recognizes the non-gestational parent (the person who did not carry and deliver the child(ren)) as a parent with full legal rights and responsibilities. 

WHY IS IT IMPORTANT? - While the courts in Massachusetts have come a long way towards recognizing and protecting LGBTQ+ families, a Second Parent Adoption is the best way to unequivocally protect both the parental rights of a non-gestational parent and your child(ren)’s rights. Completing an SPA will:

• Permanently terminate the rights of a donor (whether known or unknown); 

• Protect your legal relationship to your child in other states that may be less accepting of - or even hostile towards - LGBTQ+ families;

• Protect your children’s inheritance that may flow through the non-gestational parent’s estate;

• Secure the non-gestational parent’s responsibilities to the child(ren); and

• Prevent complications in obtaining a passport for your child(ren).

Without an SPA, the law in some states may not recognize both partners as legal parents. If this happens, the non-legal parent:

• needs special permission to make medical decisions for the child,

• needs special permission to attend school meetings, and 

• is at risk of automatically losing custody if one parent dies or in the event of separation or divorce.

IS AN SPA STILL NECESSARY IF … ?

• … WE ARE MARRIED AND BOTH OF OUR NAMES ARE ON THE BIRTH CERTIFICATE? Yes!

In Massachusetts, a child born to a married couple is presumed to be the legal child of both persons, even if the child is not biologically related to both of them. Both parents can sign the birth certificate. However, it is only a presumption, and we still encourage married couples to complete an SPA to secure the rights of both parties against any legal challenge to parentage.

• … WE DID RECIPROCAL IVF, also known as PARTNER ASSISTED REPRODUCTION? Yes!

In Massachusetts, the gestational parent (the one who carried and delivered), is the parent who has a recognized legal relationship with the child from the moment of birth. Science and the laws don’t necessarily line up! This specific scenario has not come before the Massachusetts Courts - don’t be a test case. We recommend doing a SPA to make sure both parents are protected.

• … WE ARE AN OPPOSITE SEX COUPLE FOR ALL INTENTS AND PURPOSES? Yes, probably!

Give us a call to discuss your specific situation. We prefer to do more rather than less to protect parental rights for all parties - it is our belt and suspenders approach. It is our job to prepare for the worst, so that you don’t have to worry.

WHAT IS THE PROCESS? - To complete an SPA you must file a petition with the correct probate court and provide a certified copy of the child’s original birth certificate and a copy of your marriage certificate, if you are married. With an SPA, you can ask the Court to skip  some of the more intrusive prerequisites of a typical adoption, including the requirements of notice to the donor, a licensed home study, and waiting for the child to live in the home for six months. In Massachusetts, if you are married, you do not need to go to the Court in person; the Court can grant the adoption administratively if you choose. If you are not a married couple, you will have to go before a Judge who will approve the adoption petition. Adoption hearings can be a joyous opportunity to celebrate your family! Adoptions are effective immediately and the Court will provide you with an adoption decree. You can request an amended birth certificate shortly thereafter. 

WHY SHOULD I WORK WITH EGLESON & STURGES,LLC? - While it is possible to complete an SPA on your own, at Egleson & Sturges, LLC we have developed a streamlined (and almost entirely virtual) process that removes any confusion and/or unnecessary difficulties in working within the Court system. We offer various levels of legal assistance in the SPA process, from full representation to reviewing and editing your documents, with scaled pricing. Give us a call to discuss this further!