Lesbian Couple with known sperm donor in Virginia, laws?

[Anonymous]

Hi,
Can anyone help clarify the laws governing a lesbian couple where one woman has a baby using a known donor?
What does the birth certificate say? If the donor is anonymous what does the birth certificate say?
I realize VA does not allow second parent same sex adoptions. If the baby is born in DC and both women are placed on the birth certificate then will Va acknowledge this?

Any lawyer recommendations?

Any other facts regarding laws in Virginia?

[Anonymous]

So, you should see a lawyer due to potential issues of a known donor. We used an ID release donor delivered in DC, both of us on birth certificate and undergoing second parent adoption currently. Birth cert. conveys no rights.

[Anonymous]

I should say that the second parent adoption is in DC where we are married and kid was born. We have been happy with Jennifer Fairfax as our attorney.

[Anonymous]

Anonymous wrote:I should say that the second parent adoption is in DC where we are married and kid was born. We have been happy with Jennifer Fairfax as our attorney.

Jennifer is great. I second the recommendation.

[Anonymous]

If you're looking for a Virginia lawyer, call Michael McHugh in Arlington. He does family law and is heavily involved in LGBT equality issues. He can help you navigate what is (and isn't) possible under VA law.

[Anonymous]

You need a lawyer in a big way! Best of luck with your new family

[Anonymous]

Thank you for the advice and recommendations. Much appreciated!

[Anonymous]

See paragraph 3.

We used a known donor. Wrote our own agreement (before we started artificial insemination). Referenced this paragraph. Parties signed and notarized. After DC was born moms name only on the birth certificate (born in DC) no fathers name required. Brought our agreement to an attorney to review, she said it was fine and binding, but unnecessary due to the legal definition in the code (see attached).

That said, I strongly suggest you see an attorney for their opinion.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-158

[Anonymous]

Move

[Anonymous]

Anonymous wrote:See paragraph 3.

We used a known donor. Wrote our own agreement (before we started artificial insemination). Referenced this paragraph. Parties signed and notarized. After DC was born moms name only on the birth certificate (born in DC) no fathers name required. Brought our agreement to an attorney to review, she said it was fine and binding, but unnecessary due to the legal definition in the code (see attached).

That said, I strongly suggest you see an attorney for their opinion.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-158

Should note that 'moms' should be mom's as we are not lesbians.

[Anonymous]

Just make sure the non-carrying parent has FULL rights.

You (or her) don't want to be like that woman in Vermont whose ex-wife found Jeebus, moved to Winchester VA and fought in court for YEARS for full custody -- I think the non-carrying parent ended up losing.

[Anonymous]

Anonymous wrote:Just make sure the non-carrying parent has FULL rights.

You (or her) don't want to be like that woman in Vermont whose ex-wife found Jeebus, moved to Winchester VA and fought in court for YEARS for full custody -- I think the non-carrying parent ended up losing.

I don't think you're right, well at least not from a legal standpoint. The non biological mom won, but the bio mom took the kid out of the country.

[Anonymous]

Anonymous wrote:I should say that the second parent adoption is in DC where we are married and kid was born. We have been happy with Jennifer Fairfax as our attorney.

She is not a VA attorney. You definitely want a VA attorney. Laws vary from state to state and you want someone who really knows what they are doing.

As far as the known donor issue, do you remember the case from awhile back where the donor was required to pay child support after bio mom lost her job? It wasn't mom who pushed it. The state did after mom applied for Medicaid for her child.

[Anonymous]

Anonymous wrote:Move

X1,000

[Anonymous]

Anonymous wrote:

Anonymous wrote:I should say that the second parent adoption is in DC where we are married and kid was born. We have been happy with Jennifer Fairfax as our attorney.

She is not a VA attorney. You definitely want a VA attorney. Laws vary from state to state and you want someone who really knows what they are doing.

As far as the known donor issue, do you remember the case from awhile back where the donor was required to pay child support after bio mom lost her job? It wasn't mom who pushed it. The state did after mom applied for Medicaid for her child.

Thanks -I read her website and seems like she is only md and Dc, though she did have a lot of helpful information.

To 20:45- thank you for the link, much appreciated