At 29 weeks into her pregnancy, Emily faced an emergency C-section after several weeks of complications. She briefly saw her newborn, Ava, before being sedated for an emergency hysterectomy.
Emily’s wife, Colleen, experienced terror as Ava was taken to the NICU and Emily entered surgery. Although prepared to authorize medical decisions for Ava, state laws did not recognize Colleen as Ava’s legal parent. Despite extensive planning and deep love for Ava, Colleen was legally unable to make decisions or enter the NICU.
Fortunately, the hospital staff allowed Colleen into the NICU, but Ava’s care should not have depended on chance. In a different hospital, Ava might have faced her challenges without a recognized parent.
Common Issues with Outdated Laws
Family law attorney stories often involve similar situations. Many assume parental relationships are automatically protected by law, but this is not always true. Paths to parenthood include genetic connections, adoption, and fertility health care, as seen in Colleen and Emily’s case. However, many state laws have not adapted to these family structures.
Approximately one in six people require medical assistance to start families, yet outdated laws may fail to protect families without biological ties. These legal gaps leave children vulnerable.
Without legal recognition, families may face substantial risks. Children can be left unprotected in emergencies without a recognized parent for medical decisions. Legal lapses could lead to separation from family if a parent dies and result in loss of insurance, financial support, or benefits. Inheritance, school enrollment, and access to services can also be impacted.
Some parents must adopt their own children, a process that takes time and financial resources, leaving children unprotected. Adoption involves costs some parents cannot afford, and legal delays result in additional hardship.
Case Study: Rachel
Rachel’s circumstances highlight these challenges. Unable to carry a pregnancy due to cancer, Rachel and her husband chose surrogacy. However, a surrogacy ban in Michigan forced them to spend two years and substantial resources to adopt their own child.
States must update laws to align with the Uniform Parentage Act of 2017 (UPA). This model provides pathways for children to establish legal ties with their parents from birth. Delaware and other states have already adopted it, but many need updates.
The certainty of having legally recognized parents should extend to every child in crises or day-to-day situations.
About the Author
Polly Cozier serves as the Director of Family Advocacy at GLBTQ Legal Advocates & Defenders (GLAD Law). Her work focuses on advancing state laws to protect children and families. The opinions in this article belong to the writer.