What rights do nonbiological parents have to custody or visitation of children born of same-sex relationships?
In California, a child can have two parents of the same gender. A child born of a lawfully recognized union will be treated as the child of each member, regardless of the gender. Second-parent adoption is another way to guarantee that the parent-child relationship is recognized. Parents in these circumstances have the same rights to seek custody and visitation as their heterosexual counterparts. Fortunately, status as a legal parent does not depend entirely on the marital or domestic-partner status of the parents. In 2005, the Supreme Court concluded that if a same-sex couple agrees to raise children together, but later end the relationship, both may be considered legal parents. This means that a nonbiological parent may request custody or visitation of his or her child without first having formalized the relationship.
