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Handling Family Law Issues

Georgia non-biological custody rights in same-sex separation

If you are a lesbian woman who is in the process of divorcing your spouse or separating from your partner, you may have pressing questions if the two of you share children. Because laws surrounding same-sex marriage and parenthood are still new, determining custody in some places remains a gray area.

For mothers who used artificial insemination to carry a child who does not share their DNA, establishing legal rights can be particularly concerning. In Georgia, parental rights are easier to establish for same-sex couples who are married. For those who are not married, cases can be more complicated.

The marital presumption of legitimacy

While some states do not presume parenthood for married couples who have children, Georgia is one that does. According to the law, if parents are married at the time of a child’s birth, the state automatically establishes parenthood. This also applies in cases of artificial insemination.

The best interest of the child

For lesbian mothers who are not married and do not share DNA with their children, legalities surrounding custody can be more complex. While the best interest of the child always comes into play when deciding custody, it is especially important for cases where DNA and marriage connections do not exist.

Just as there is no one-size-fits-all definition to family, there is no one-size-fits-all solution to custody cases in same-sex marriages and partnerships. With that said, factors like marriage and providing for the best interest of your child can have a major impact on the outcome of your case.