Recognizing Gay and Lesbian Families: Marriage and Parental Rights

Abstract

This article discussed the parental rights of the non-legal or "second" parent in a gay or lesbian family. The current approach to gaining legal recognition of the "second" parents rights was to attempt to expand existing equitable doctrines. The article examined each of those doctrines, as well as theories advanced by Katherine Bartlett and Nancy Polikoff, and second parent adoption, demonstrated how they have been applied to heterosexual and homosexual families, and discussed their drawbacks. The article proposed that seeking legalization of same-sex marriage would be a more effective approach to gaining recognition of "second" parents' rights.

Keywords: same-sex marriage, parental rights