Children of Same-Sex Parents Deserve the Security Blanket of the Parentage Presumption

Document Type


Publication Date

January 2006


Copyright of Family Court Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.


This article considers what rights are important to children of same-sex couples, and concludes that these children must be protected by the presumption of parentage. In reaching this conclusion, the article first analyzes the limited protections currently provided to children of same-sex couples. It then concludes that there is no persuasive reason to treat these children differently from children of “traditional” heterosexual marriage. As such, the parentage presumption should apply equally to children born of a same-sex marriage, domestic partnership, or civil union, as well as to children who live with a same-sex partner in a parent-child relationship. Only with such broad protection can these children receive the economic and psychological support that they deserve.