Legal Question in Family Law in Texas

same sex family

I am a lesbian woman whose girlfriend is going to have a baby. How do I obtain legal guardian rights and give her my last name?


Asked on 12/04/08, 4:42 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: same sex family

First, forget guardianship.

You want to think of "conservatorship".

Quite frankly it depends on the Judge.

For example, I just did a joint managing conservator with a single mother and a couple. The child needs special help and the couple is going to "raise" the child.

Many years ago when I worked with folks with AIDS, I did a lot of JMC (jont managing conservatorships) listing a friend or family member with most of the rights of a parent when the mother (usually) had AIDS and was very ill.

You need to talk to an attorney in your county. In Harris County, most judges will ask about the bio. father.

There are several "gay" legal websites that list gay attorneys and gay-friendly attorneys. If you live in a large city, there is probably an attorney that you would feel comfortable using.

I hope her labor is quick and easy and that you have a wonderfully healthy and happy baby!

Happy Holidays!

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Answered on 12/04/08, 11:35 pm


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