The Massachusetts Appeals Court held that when there is a marriage between same-sex partners, the need for a second-parent adoption to, at least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage.
In Della Corte v. Ramirez, Gabriella Della Corte appealed a judgment entered in the Suffolk Division of the Probate and Family Court Department maintaining joint legal custody of her child with Angelica Ramirez. Della Corte argued that Ramirez was not the child's legal parent because Ramirez is not the biological parent of the child and that they were not married at the time of conception. The Court held that because Ramirez and Della Corte were married when the child was born, then she is the legitimate child of both parents as "there was no requirement that the parties be married at the time of conception, as the statute plainly states '[a]ny child born,' not 'any child conceived.'"
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.
