Parental Rights of Unmarried Intended Parents

A Bad Decision (In Re Adoption of MMC) from Wisconsin

By Ellen Lubell, J.D.

The Supreme Court of Wisconsin, in the case of In Re Adoption of MMC,  unanimously decided, on April 30,2024, that two unmarried adults did not have the right to jointly adopt a minor. The petitioner, the biological mother  (AMB) sought to have TG, her partner, who is  not her spouse,  adopt MMC, whose biological father’s parental rights had been legally terminated. The petitioner had asserted at trial, again on an appeal to the Appellate Court, and in this appeal to the Supreme Court, that denying TG the right to adopt MMC violated the Equal Protection clause of the 14^th Amendment.

The Wisconsin statute in question limited the right of a co-parent to adopt a child to the spouse of the child’s parent, provided the child’s parent resides with the stepparent. Therefore, two unmarried adults may not jointly adopt a minor, nor can the non-marital partner adopt his/her partner’s child. The Court seemingly ignored the all too familiar fact pattern presented. TG, the male partner and AMB have been together for ten years; MCC has no  relationship to her biological father and considers TG her father. The Family Services Report recommended that the Court grant the adoption petition.

The Court rejected the recommendation and determined, without supporting facts or evidence, that a family of MARRIED parents provided a greater likelihood of financial stability for the child. Accordingly the Court found that the state had a “legitimate” interest in requiring parties seeking to adopt to be married to each other, and the Court did not find that a constitutional right was at issue, so did not apply a more strict standard in making its decision.

None of the Courts that reviewed  the MMC case  even considered a broader more contemporary  view of what constitutes a “family” nor was consideration given to the ability and practice of unmarried adults  to  provide,  emotional,  financial support and stability to their  adopted child.

Fortunately, not all states have adopted and/or defended the neanderthal views that triumphed  in Wisconsin. For those parties in committed, but non-marital  relationships in Connecticut, who choose  to adopt, they are protected by the Connecticut Parentage Act, enacted January 1, 2022.  The Act, provides a path to parentage for non-biological parents to establish their legal relationships with their children.  The CPA ensures equal access to legal parentage for ALL children, including those with unmarried, same sex or non-biological parents. The CPA and similar laws in more family friendly states, protect children born through assisted reproduction and all of the parties involved in LGBTQ+ relationships, unmarried straight and gay parents, who want to confirm the non-genetic parent’s parental rights, as well as those who are not married and are intended parents through gestational surrogacy and genetic surrogacy. Intended Parents who must spend time and money on the cost of surrogacy, in finding a surrogate and having a child through surrogacy, should not be required to show more than this profound commitment to jointly become parents through surrogacy, in order to establish their legal parentage.

Worldwide Surrogacy Specialists, LLC and The Ferrara law Group, PC offer prospective unmarried parties and intended parents through surrogacy legal advice and support, and legal protections consistent with a strict ethical code designed to provide the parental rights of unmarried parents, as well as the opportunity for unmarried partners to become legal parents of their partners’ children.

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