When same-sex couples break up, there is, like every other couple, the question of child custody and child support agreements. In cases where a surrogate was used, there may be concerns from one or both parents as to whether they will be classed as the legal guardian of the child, or if the biologically related parent will have precedence over custody.
Although the topic of same-sex child custody battles can be one that many courts won't be extremely familiar with, it is important to remember that there are a great deal of protections in place to ensure that parents are able to retain their relationship with their children. It's also important to note that the courts always strive to act in the best interests of the child.
Negotiating child support
Many courts have decided to look beyond the formalities of marriage, civil partnerships or formal adoption when it comes to deciding on child custody agreements, especially between same-sex parents. If they see evidence that both people intended to start a family together, for example, if they were attending doctors' appointments together during the pregnancy and regarded the child as their own, then they should be responsible for paying child support in the future.
If you are going through the child support and child custody process as a same-sex parent, it is important to be extremely prepared and conduct adequate research. You should also have an idea of what you want to achieve from the process, as well as what relationship you would like to have with your child in the future.
Source: The Spruce, "Child Support & Child Custody for Same-Sex Parents," accessed Nov. 24, 2017
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