Question about states that have gay marriage and gay adoption…..?

Dusty Asked: Question about states that have gay marriage and gay adoption…..?

Does a gay person's spouse have automatic legal rights to a child born within the course of the marriage or does the spouse actually have to go through legal procedures to adopt the child, the same as a person who enters a marriage with children from a previous relationship?

For example, if a married woman gives birth to a child, her husband is automatically deemed the legal father (unless for some reason he questions/contests it) and his name is put on the child's birth certificate. He has the right to claim the child as his and be the legal father even if, say the child is conceived through artificial insemination. He doesn't have to go through any legal procedures to formally adopt his wife's child, the child is just automatically deemed his, even if he is not the genetic father.
This is because of assumptions that protect his rights and give him responsibilities. He is assumed to be the child's father simply because he is married to the mother and unless the parties involved choose to contest that, the law doesn't question the situation and allows him to be recognized as the child's father.

Now, we come to a lesbian who marries her partner and later gives birth to a child from artificial insemination. There is clearly no presumption that her spouse could have a genetic link to the child, so, does the spouse have automatic rights to be the other legal mother just by being married to the biological mother or does the spouse actually have to go to court to adopt the child to get legal rights?

Same thing with a gay man who pays a surrogate mother to birth his biological child, does his spouse get to be the other legal father automatically because of the marriage or does he have to adopt the child?

What about the birth certificate? Could both partners put their names on the child's birth certificate or, like in heterosexual relationships, can the birth certificate list only the biological mother and father (if known)? Can a child have more than one mother and father listed on his original birth certificate or would the partners have to do the birth certificate the traditional way and then get a new birth certificate issued upon the spouse's adoption of the child, basically, the way it would be done if a woman entered a new marriage with a child already born and the new husband was adopting the child?

Also, how are gay divorces and child custody agreements handled in comparison to those in the heterosexual world? I'd always thought it amusing that gay divorce/custody seemed like it would be much more fair than it is for heterosexuals, as there would be no gender bias to influence the judgments. But is it likely the biological parent would be favored over the other or does this even tend to matter?

Sorry for the wordiness and so many questions.

For the record, I'm not gay myself. I'm just from a state that doesn't have gay marriage/adoption or any specific gay rights for that matter, so I was just curious how the legal issues are handled in states that do this. I wondered if it's exactly the same as it is in heterosexual marriages or if it has to be handled a little differently.


Bobby D Answered:
Wikipedia has several sections on it.

Birth certificates usually have the names of the biological parents on them, but I'm not sure how it works when it comes to surrogates

Courtney Answered:
Gay ppl should not be allowed to adopt a kid and **** his/her head up as much as their head is ****** up.Do what you have to do in the bedroom and keep that **** a secret like straight ppl do.WHY THE **** DO GAYS HAVE TO SHOVE THEIR SEXUALITY IN YOUR FACE ON THE CONSTANT!Gays have suffered a trauma in their life and are a little touched in the head. we get it.STOP BEING SO STARVED FOR ATTN HOMO'S!

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