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Parenting for Unmarried Couples FAQ


Unmarried couples who want to raise children face some unique parenting issues.

What steps must unmarried parents take to ensure that they are both considered the legal parents of their child?

Does a child born to unmarried parents qualify for government benefits?

When an unmarried couple has a child, whose last name does the child take?

»  Can an unmarried couple adopt a child together?

If a parent partners with someone who isn't the child's other parent, can the new partner adopt the child?

Can both unmarried parents claim their child on their separate tax returns?

Can a person who isn't a parent, but who plays a live-in parental role, take care of tasks like signing school permission slips or making medical decisions for a child?

When unmarried parents separate, how does the breakup affect parenting rights and responsibilities?

Can an unmarried couple adopt a child together?

In many states, they can. Unfortunately, even in states that permit joint adoptions, some social service and government agencies discriminate against unmarried couples. An unmarried couple can expect to do a bit more work to prove that their home is a stable and healthy environment for raising children. It's wise for any unmarried couple to consult a good family lawyer to get the lay of the legal land, as well as some practical guidance, before moving ahead with adoption plans.

If an unmarried couple jointly adopts a child, they will both be legal parents. This means that each partner has equal legal responsibilities to raise and support the child. And, if the partners ever separate, each has an equal legal right to petition a court for custody or visitation of the child, as well as an obligation to provide child support.

For more information on adoption, see the Parenting & Adoption area of Nolo's website.

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