A gay couple in Texas is facing court backlash after starting a family. The fathers opted to have two children from the same surrogate mother. One child was fathered by each of the men. However, when the couple, who were legally married in Washington, D.C., tried to have a second-parent adoption for each other’s biological children, they were denied. The judge in the case has said that she acted strictly according to the law.
Texas does not recognize gay marriages, but adoption is often left to a judge’s discretion. A Texas lawyer not involved in the case stated that adoptions similar to this one have been granted in Texas courts.
The fathers expressed surprise at the decision, noting that they had hoped a court would rule in favor of the children having two parents. The attorney representing the fathers who were seeking custody in this case said that the phrasing of the petition submitted to the court was a likely cause of the refusal, though information on the specific wording was not given.
In cases where a married gay couple resides in a state that does not recognize same-sex marriage, the issue of adoption may be particularly fraught. Same-sex couples who are in search of a second-parent adoption may be able to benefit from the help of an attorney who has experience in family law and how it pertains to LGBTQ couples. The attorney may be able to offer advice on wording of petitions and other factors to make acceptance more likely when a couple brings an adoption case to court.
KDFW, “N. Texas gay couple facing adoption battle“, James Rose, June 13, 2014