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With same sex couples and surrogate mothers, the landscape of family law is changing. Now that same sex couples can get married in any state, many are looking at having children. Surrogacy is a modern day alternative to adoption. In New York, a recent case involved a gay male couple and lesbian couple that had a child through surrogacy. The two couples wanted to raise the child together.
According to Business Insider, the two couples devised an elaborate plan that rotated custody every quarter. They even decorated their apartments to look identical. However, after 12 months, despite their best-made plans, the relationship fell apart.
One of the men in the male couple had donated his sperm to a female in the lesbian couple who carried and gave birth to the baby. The judge was saddled with the problem of deciding custody of the child.
The child had two mothers and two fathers. Who would be the primary caretaker? What custody roles would each parent have? Working out custody and visitation was doubly difficult to decide. The biological connection was not the most pressing factor in this case. As more of these unusual cases come before the courts, judges will rule and case precedents will be set. Right now, such cases are in the frontier stages of emerging case law.
If you have questions or concerns about child custody, meet with an experienced lawyer for legal help. Long Island divorce attorney Chris Palermo has years of experience and is sensitive to your needs.