Legal Question in Family Law in Kentucky

First of all, this is a same sex issue. I am a woman, not a man. We used a sperm donor. I have as much rights to the child. My own kids are happy, and I'm taking care of my friends baby because she had the child for me. This was a gift she gave me knowing she might not live long. We love each other.


Asked on 6/30/12, 7:21 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

You should have mentioned that in your first question; you're in even worse shape, legally speaking. You need to immediately retain a family law attorney, experienced in adoptions, and preferably in same-sex issues. I'm saying: go see one Monday morning. You have zero legal rights to that child without a court order, regardless of what your intent is, or love, etc. Kentucky does not recognize same-sex relationships; in fact, the legislature has gone out of its way to deny same-sex couples rights, particularly rights over non-biological children. There are a few options to protect your interests, powers of attorney, perhaps guardianship, but you cannot be the legal parent unless bio mom terminates her parental rights and allows you to adopt. It creates an unstable legal situation that must be remedied. I have people in Lexington and Louisville I can recommend, outside of that, there is probably a list of attorneys statewide kept by gay rights organizations.

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Answered on 7/01/12, 10:50 am


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