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The role of consent in a child support case

On Behalf of | Dec 20, 2017 | Same-Sex Couples & Divorce |

Pennsylvania residents may know that same-sex marriage is legal throughout the United States. However, there are situations involving such couples that may not arise for heterosexual couples. One such case revolves around a Hawaii woman who wanted to sever rights to the child her wife bore while she was away on military service. Justices from the Hawaii Supreme Court heard arguments in the case, and the central issue seems to hinge on whether consent was given by both parties to have the child.

However, the issue of consent was one that the justices had a hard time grasping. This was because they didn’t want to potentially create legal precedent that may treat same-sex and heterosexual couples differently. For instance, a man could try to claim that a baby wasn’t his because his wife stopped taking birth control without his knowledge. An attorney for the woman seeking to terminate parental rights claims that no consent was given to seek the services of sperm donor.

Furthermore, it was alleged that she had no meaningful relationship with the child. The request to terminate parental rights was first denied by a Hawaii family court. In its ruling, it was determined that the woman was the legal parent of the child as she was married to the woman who gave birth to that child.

When a couple of any sexual orientation gets a divorce, it doesn’t necessarily terminate anyone’s parental rights or responsibilities. In fact, the law prefers that a child has the ability to have access to both parents if it’s safe to do so. An attorney may provide further guidance on the matter.