Same-Sex Parentage/Paternity

In 2015, the US Supreme Court’s decision in Obergefell afforded same-sex couples the right to marry and enjoy all the benefits that come with marriage, namely parentage/paternity establishment.

Some states have taken the landmark decision a step further by creating laws that allow unmarried same-sex couples to establish parentage/paternity, granting new fathers and mothers all the same rights and responsibilities as different-sex parents:

Key Benefits of Establishing Parentage/Paternity 

  • Builds a stronger emotional tie between parent and child.
  • Allows access and management of medical records.
  • Enables the child to receive benefits like life insurance, inheritances, social security, etc.
  • Gives the right to request custody and visitation (parenting time) orders from the court so that he or she can legally visit with his or her child.
  • Provides the parent(s) the right to receive child support if the relationship does not last.

The map below shows the different ways same-sex couples can establish parentage/paternity according to where they live.  The purple states have laws on the books that allow UNMARRIED same-sex couples to establish parentage/paternity and the blue states are the states with laws for MARRIED same-sex couples only. 

If your state does not have online resources dedicated to same-sex parents, contact your local child support agency for information on how to establish yourself as a parent. Simply click on state to be directed to the appropriate resources in your state. 

Same-Sex Parents and State Resources

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC AS GU MP PR VI