Parentage When a married lesbian gives birth to a child in New York, the woman who did not give birth, but who is recognized as a parent, will be automatically put on the child’s birth certificate (even if she doesn’t have biological ties to the child or hasn’t adopted the child). Even so, it may be wise to adopt.
“Having a birth certificate reflect the child’s parentage from the start is a big help for the family,” Ms. Sommer said. For instance, it allows the nonbiological parent to easily put the child on her health insurance, as well as make health care decisions for the child. “But an adoption is the best way to secure the child’s legal relationship to both of the child’s parents not just in New York, but everywhere.”
For two married men, however, the situation remains a bit more complicated. If two men are using a surrogate to carry their child, only the biological father can be automatically listed on the birth certificate. Because of New York State law, the surrogate must first relinquish her rights to the child, at which point the nonbiological father can adopt the child.