Protecting Parent-Child Relationships: Determining Parental Rights of Same-Sex Parents Consistently Despite Varying Recognition of Their Relationship

Abstract

This article discusses the potentially unseen effects of the different ways states recognize children of same-sex partners. It considers how states can allow or ban civil unions or same-sex marriages without causing uncertainty regarding parental rights and responsibilities. The article proposes changes to the Uniform Parentage Act and state statutes that would cause them to focus on the parent-child relationship rather than on the relationship of the parents.

Keywords: parentage, same-sex, civil unions, Uniform Parentage Act, parent-child relationship

JEL Classification: K39