Parental Rights in Same Sex Marriage

 Posted on March 27, 2013 in Family Law

Children are the most important people to their parents. Not only are they doted upon, but they are taken care of every moment of every day. When a single parent shares this gift with their significant other, it is a true sign of trust and a family being built together. So when one parent is not allowed to legally jointly raise the child with their significant other, it denies them that family oneness.

According to the Chicago Tribune, an Austrian lesbian couple wants to jointly raise one partner's child together. The boy was born out of wedlock in 1995 and the three have been a family for a while. However, Austria would not allow this in 2007, so the couple sought the higher courts. They won their case finally in the European Court for Human Rights. They said the only reason why the couple was not given the right non-married heterosexual couples were given was strictly based on sexual orientation. This definitely discriminated against gay people.

The ruling is final meaning Austria must comply in the decision made by the European court. The court also order financial retribution to the couple of 10,000 euros, about $13,400, in damages and over 28,000 euros in expenses. Hopefully, the couple and child can now live in peace and as a family – legally.

If you are having difficulties in an adoption or legal parenting issues due to sexual orientation or any other reasons, contact a family lawyer who will share with you your rights. An Austin attorney will be able to help you with your legalities.