I am a legally married lesbian. My wife and i are trying to conceive with the help of a known donor. If it works and baby is born, I'd like to do a second parent adoption to cover all legal bases. What is the process?
This is an area of rapidly changing law and it varies tremendously from state to state. There are only a handful of attorneys in each state that are well versed on this topic.
How you conceive the child will likely be very important to what rights the non-genetic parent has, as well as what rights your known donor may have.
First, it is imperative that you have a written agreement with your known donor. Both parties should also be represented by independent legal counsel. Typically the intended parents pay for both attorneys though.
Second, it is preferably that any insemination be done under medical care and not at home.
As you can see from this website there are no laws in NC about egg or sperm donation and there are no second parent adoptions granted.
Accordingly, although there may be a presumption that the non-genetic parent is a parent if the child is born during the marriage, it is a presumption that can be rebutted. I would encourage you to contact a NC attorney who handles assisted reproductive technology and adoption, such as one of the ones listed on the website for more information.
Disclaimer: This answer is for general informational and educational purposes only and should not be relied upon as specific legal advice. It does not establish an attorney/client relationship.
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