Parental Rights for Unmarried Same-Sex Couples in Michigan: What You Need to Know
For unmarried same-sex couples in Michigan, establishing legal parental rights for both partners remains a significant challenge. When one partner is not biologically related to the child, the law offers limited protection unless the couple is married.
Currently, second-parent adoption — where a non-biological parent adopts their partner’s child without being married — is not legal in Michigan. While advocacy efforts to change this law are ongoing, many families are left vulnerable in the meantime.
Marriage Offers the Strongest Legal Protection
Under Michigan law, the most effective way for same-sex couples to secure parental rights for both partners is to be married before the child is born or adopted.
According to the Michigan Adoption Code (MCL 710.24(1)), a child may only be adopted by:
A single individual, or
A married couple jointly
This provision prevents unmarried partners from jointly adopting a child, making marriage a critical legal safeguard.
The U.S. Supreme Court’s Obergefell v. Hodges ruling in 2015 confirmed that married same-sex couples have equal access to adoption. (Obergefell v. Hodges, 576 U.S. 644)
What Happens When Donor Eggs or Sperm Are Used?
When a married same-sex couple uses assisted reproduction to conceive, the non-biological spouse is typically presumed to be the legal parent under MCL 333.2824. However, this presumption is not foolproof.
To avoid potential challenges from known donors, couples should:
Have the donor sign a Termination of Parental Rights (TPR) form
Use a licensed clinic or sperm/egg bank with a legally binding donor agreement
These precautions are critical to protecting your family’s legal foundation and ensuring both parents’ rights are recognized.
Stepparent Adoption for Married Same-Sex Couples
Some married same-sex couples take the additional step of pursuing stepparent adoption, even when both names appear on the child’s birth certificate. This provides another layer of legal security, especially if the couple plans to travel or move out of state.
The process and success of stepparent adoption can vary by county, so it’s important to contact the adoption coordinator in your local Michigan county to understand the procedures and judge’s preferences.
What About Unmarried Couples? A Unique Exception
There is one notable Michigan case where an unmarried same-sex couple was granted parental rights, but it involved highly specific circumstances.
In Lefever v. Matthews, the Michigan Court of Appeals found that both women qualified as “natural parents.” One partner provided the egg, while the other carried the pregnancy and gave birth. Because both had a biological or gestational connection to the child, the court ruled that they each fit the legal definition of a natural parent.
(Lefever v. Matthews, 336 Mich. App. 651)
However, this is an exception, not the rule. Most unmarried same-sex couples cannot rely on similar outcomes unless their circumstances closely mirror those in Lefever.
How We Help Same-Sex Couples Protect Their Parental Rights
At Kathryn Wayne-Spindler & Associates, we understand how complex family formation can be for LGBTQ+ couples. We offer trusted legal guidance to help you:
Secure parental rights through marriage or adoption
Navigate donor agreements
Evaluate legal risks with known vs. anonymous donors
Understand your options for stepparent adoption
