Do intact same-sex couples where one member of the couple became pregnant with assisted reproduction or was the primary adopter, and the other member became a parent through second parent adoption, understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around those who can claim the true status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. The result of research conducted on this issue indicated that second parent adopters had much less emotional power in the family, but often had more economic power. Even biologically connected mothers and some primary adoptive fathers were concerned about whether their partners would continue to financially support their children should the couple's relationship dissolve. Both parents had misconceptions about what kind of legal protections or obligations the law afforded these second parent adopters should the couple end their relationship. Ultimately, the article concludes that second parent adopters become imprisoned parents within the family and across the larger culture because of current legal frameworks and policies. Recommendations are made for legislatures, courts, policy-makers, and lawyers to expand parentage presumptions, allow for joint adoption outside of the marital context, and reframe how lawyers counsel same-sex couples as they engage in family formation.
The Parent Trap: Differential Familial Power in Same-Sex Families, 15 WM. & MARY J. WOMEN & L. 1