Several of my clients have asked me whether they need to have a second parent adoption in Massachusetts since DOMA has been overturned. The simple answer to this question is, Yes. Even though gay and lesbian marriages are now recognized federally, there are still a number of states that do not recognize gay marriage. This may present problems for married couples travelling out of state with their children. Unlike gay marriage, gay adoption is recognized in most states and therefore the parental rights of the parties cannot be challenged.
In addition, after speaking with an esteemed Probate Judge in Middlesex County, it is clear that judges prefer to have the couple adopt their children so that there is no confusion about the intent of the parties to both be parents of the child.
Please feel free to consult Attorney Gomes if you have any questions about second parent adoption at 617-524-6600.
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