“Creative Parenting Agreements Still Needed With Same-Sex Marriage”

Abby Tolchinsky and Ellie Wertheim at NY Law Journal: If the financial settlement is fairly complex and rigid, the parenting decisions are similarly fraught, though tend to entail more flexible options. For gay couples in mediation negotiating parenting agreements, the legal analysis tends to be splintered into two prongs. First, where there is an unknown donor, the non-biological parent must proceed with a second-parent adoption. Until the second-parent adoption is finalized, the non-biological parent has no parental rights.