At 29 weeks pregnant, Emily faced an emergency C-section after weeks of complications. She only glimpsed her newborn, Ava, before being sedated for a hysterectomy. Emily’s wife, Colleen, watched as doctors took Ava to the NICU. Colleen, prepared to make emergency decisions for Ava, encountered a major obstacle: the state law did not recognize her as Ava’s legal parent.
Despite the couple’s careful planning and love for Ava, Colleen learned she couldn’t legally make decisions or even enter the NICU. Ava needed immediate medical support, but an outdated law left her without a legally recognized parent at such a crucial time. Fortunately for Ava, the hospital allowed Colleen into the NICU. This situation shouldn’t rely on the decision of hospital staff. In another setting, Ava could have been left without a parent’s presence.
As a family law attorney, I encounter these stories frequently. Many assume legal protection for parent-child relationships comes automatically, but that’s not the case. Parenthood can result from genetic ties, adoption, or fertility treatments, as seen with Colleen and Emily’s planning for Ava.
However, many states have not revisited family recognition laws for decades. These laws fail to represent current family dynamics. State laws often disregard families formed through fertility services, even though one in six people faces infertility and may need help. These outdated laws can leave families where a child lacks a genetic tie to one or both parents without protection.
When laws don’t acknowledge a child’s parent, the child suffers. They are left unprotected during emergencies, with no recognized parent for urgent decisions. Children might face separation from family if a parent dies, losing access to health insurance, financial, or survivor benefits. They can be denied inheritance and face obstacles accessing education and services.
In outdated legal systems, some parents go through the process of adopting their own children. This legal formality can take weeks or months, draining resources needed for the child. Adoption isn’t feasible for all due to its high cost and legal complexities.
Consider Rachel, a mother unable to carry a pregnancy post-cancer. Rachel and her husband saw surrogacy as their path to family expansion. However, surrogacy agreements were illegal in Michigan during their first daughter’s birth. They spent two years and significant funds adopting their child.
State laws must align with the Uniform Parentage Act of 2017 (UPA). This model provides children with clear legal parentage with those who care for them from birth. Some states, like Delaware, have updated their laws, yet many remain outdated, leaving children at risk.
Every child deserves legal recognition of their parents in any situation. State laws need updating to ensure protection for all children.
Polly Cozier is Director of Family Advocacy at GLBTQ Legal Advocates & Defenders (GLAD Law). Her work focuses on updating laws to protect families. The views in this article are the author’s.