We are a married same sex couple that is having a child threw a donor we know. We wanted to know if we are both are on the birth certificate would we both be considered the legal parents? Would he have any legal rights to the child? Is there another step other than being on the birth certificate we would have to take to make this permanent and would we have to involve him if he is never involved the the childs life to get this done? If we ever needed could we file for state assistance without disclosing his information? If we were ever to get divorced would the other be responsible for the child support? We are just trying to figure out are our rights the same as any other married heterosexual couple. Any advice or thoughts would be appreciated. We could write a book on just our questions, any and all info on this even if we didnt ask the specific question would greatly appreciated.
Ohio has provisions for sperm donors and their rights (none) if you follow it's provisions. As far as you and your partner, I believe that you can both be on the birth certificate under case law decisions. Ohio hasn't revised its statutes in response to the Supreme Court decision on gay marriage as of yet. Meet with a local attorney to review your specific facts on the sperm donor issue and they can also assist in the birth certificate.
Your question is loaded with inquires that as the other attorney answered, in part, poses questions to a system that is still figuring out how to deal with. The regulations for sperm donation are more established, as also stated. It is great you are searching for the answers. You may have to be patient but vigilant in receiving them. Good luck to you.
In my humble opinion if you are married, then any child born to either of you would be an "issue" of the marriage (assuming the sperm donor had waived his rights or an anonymous donor through a sperm bank.
Thank you and please indicate if you found this answer and / or the link(s) helpful. This answer contains information intended only for the use of the individual or entity named above and may be protected by attorney-client privilege or work product doctrine. However, the mere receipt of this answer, alone, is not sufficient to create an attorney-client relationship. If the reader of this is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this answerer is strictly prohibited. The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with, this answer.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline