Prior Lake, MN asked in Adoption and Family Law for Minnesota

Q: My wife and I had a baby using a sperm donor and got married when same sex marriage was legalized. How can I adopt her?

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1 Lawyer Answer
Lucas Wynne
Lucas Wynne
  • Duluth, MN
  • Licensed in Minnesota

A: Unfortunately, your question is too vague for me to interpret it and provide an answer. Whether you are heterosexual or homosexual (which I cannot determine from your question), the same sex marriage legalization would be of no consequence as both types of marriages are treated equally under the law. My larger questions are whether you are stating that you were ever proclaimed the parent of the child, whether you or your wife is the individual who carried the baby to term and why you are not presently named as the child's parent. I am going to venture a guess that adoption in your situation would be a fairly painless process (your question does not provide any indication that an intervening party would be involved), but I would need to know more.

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