As the new school year starts, some LGBT parents may be experiencing their first interactions with school staff and administrators. Here are some things to keep in mind, from the legal standpoint, when it comes to being recognized as a legal parent to teachers and administrators:
- If you were Washington or Oregon Registered Domestic Partners (RDP) when your child or children were born, you have full legal rights as parents in the state of Oregon. However, be aware that if your child leaves the state for a field trip or some other school activity, the other state may not recognize the parentage of the mother who did not give birth. For that reason, and many others, it is advisable to obtain a second-parent adoption.
- If you resided in Washington or Oregon as unregistered domestic partners (city and county registration does not count) when your child or children were born, then you both may have rights as legal parents, but the mother who did not give birth may need to take additional legal action to obtain evidence of that relationship (a Declaration of Parentage, finding of “de factor” parentage, or an adoption). As long as you continue to live together, the non-birth mother would likely have, at a minimum, rights as a step-parent.
- If you registered as Oregon or Washington RDPs with someone who already has children, then you will legally be considered a stepparent in Oregon and Washington.
- If you are new to Oregon or Washington and adopted your child in another state, you have full legal rights as a parent. Keep a copy of the adoption judgment available, just in case that parentage is questioned.
- If you moved to Oregon or Washington and your partner had children from another relationship, and you now parent those children, you will be recognized as a step-parent if you register as domestic partners. Or you may be able to adopt to receive full parental rights.
For same-sex couples who have gone through a divorce or separation and have children, it is crucial that both parents’ rights are maintained as legal parents. Having a legal Declaration of Parentage or a finding of “de facto” parentage could be important. Contact us for advice on the correct route for you if this is your situation.
Recently, the Portland Public School District changed its forms from “Mother” and “Father” to “Parent” and “Parent” in response to the State’s broader legal recognition of family. If you are uncertain about whether you a legally recognized as a parent in Oregon or Washington, you may contact us to help you make this determination.
As with any travel with your child, we recommend you take your legal paperwork with you if you leave the state as a chaperone on a school trip with your child.
Visit the following resource links to learn more about this issue, and contact us with any questions you may have.
Resource Links:
- http://www.hrc.org/issues/pages/schools
- http://www.hrc.org/resources/entry/school-resources-for-parents
- http://www.glsen.org/binary-data/GLSEN_ATTACHMENTS/file/332-1.PDF
Find us on Facebook, where we post event information for the LGBT community and updates of our recent activities.