As child upbringing practices evolve, so does the need for legal adaptations that reflect these changes. Notably, there’s been a growing trend of recognizing more than two legal parents in families—a concept that’s gradually finding its place in the contemporary legal world.
This week we turn to a fascinating podcast, where an interview with Dr. Ian Jenkins sheds light on this somewhat unconventional occurrence. Dr. Jenkins, one of the authors of Three Dads and a Baby and his two life partners, recount a modern family story where they used egg donation and surrogacy to have two children in a parent-plus setup.
Initially, the trio had sought to fit the traditional mold of two legal parents as recognized by the law. However, based on the recommendations of their lawyer, they instead pursued legal agreements that provided protection to all of them. This protection was pivotal in a court hearing in Southern California, where after an emotional testimony, they were all granted legal recognition as the parents of their soon-to-be-born daughter, ordered to be named on the birth certificate.
While this example of a three-parent legal recognition occurred within the liberal courts of California, similar developments are also unfolding elsewhere. In 2021, attorney Joyce Kauffman’s clients obtained a three-parent birth certificate in Massachusetts, setting a precedent in the state. Since then, Kauffman has also helped clients secure a four-parent birth certificate and anticipates others to follow suit with even a five-parent birth certificate.
It should be noted, though, that such setups aren’t exclusive to polyamorous relationships. For instance, some of Kauffman’s clients are heterosexual families with stepparents seeking legal parentage, or situations where more than two adults may biologically or emotionally contribute to a child’s upbringing. To Kauffman, “it takes a village” to raise a child, and she views her duty as legally protecting these unique family structures.
Despite the progress made, multi-partner recognition remains relatively rare. After the Supreme Court’s decision in Dobbs, Congress passed the Respect For Marriage Act, which redefined marriage for the legislation’s purpose as union between two individuals only.
However, this hasn’t suppressed the rise of such non-traditional families. In 2020, several cities, including Somerville, Massachusetts, passed multi-partner domestic partnership ordinances that offer benefits similar to those of marriage. Considering these evolving legal landscapes, attorney Diana Adams of the Chosen Family Law Center contends that laws must adapt to changing family structures, arguing that placing more importance on marriage can adversely affect the children of these diverse family setups.
One question that arises with these progressive changes is what happens during a breakdown or dissolution of such unions. While things can get messy and complex with more parents involved, the child still benefits from the additional resources and safety nets these structures provide. Ultimately, as noted by Kauffman, these are families who are resolute about raising children together and thus warrant the full support of our laws.
For more on this topic, consider reading the original article.