There was a time in society when parentage was difficult to prove. With the benefit of DNA testing, paternity is easily and accurately determined in most cases.  Now, it is parentage itself that is subject to redefinition. A recent New Jersey case illuminates these changes and foreshadows a great deal more complexity.

In the subject case, at the Family Court (trial) level, two women were in a committed relationship.  One of the women conceived (they believed) through artificial insemination, and gave birth. The non-biological mother later adopted the child as her own. Still later, it was revealed that the child had been conceived during an extramarital affair, and the father wanted to be named as a legal parent of the child, along with the two women

The case, E.Q. v. E.C. & D.L., began in 2012 as a civil union dissolution action in Warren County when E.Q. sought to divorce her wife E.C. One child was born of the marriage to E.C. and was thought to have been conceived by artificial insemination. E.Q., the non-biological mother, later formally adopted the child. Biological father D.L. joined the pending divorce as a third party plaintiff and proved the child was conceived in an extra-marital affair with E.C. In March 2013, the parties entered into a consent order whereby they would each be the child’s legal parent with equal rights and be afforded reasonable parenting time with the child.

In July 2014, E.Q. filed a post judgment application to modify parenting time based on changed circumstances. In 2016, the State of New Jersey responded with its present motion to vacate the select portions of the orders outlined above as having no legal basis under statute or case law. The State asserts that because the child was conceived during the marriage and then formally adopted by E.Q., D.L.’s parental rights were severed, leaving E.Q. and E.C. as the child’s only legal parents. The matter remains undecided.

The LGBTQ community will view this case as a possible landmark moment, as it could open up yet another scenario for the non-traditional family constellation.

According to New Jersey family law, a parent is responsible for every child’s:

• Food
• Shelter
• School attendance
• Health and well-being

Divorced parents carry a measure of these responsibilities, whether physically or financially or both. When there is a non-traditional family unit involving a divorce, the division of parental responsibilities can require some creativity. In addition to the above responsibilities, parents have the right to parenting time with their child. The specific structure of parenting time varies from case to case, as we have written in many previous blog posts on this website.

Ultimately, and regardless of the family structure, the genders of the parents or the circumstances of the child’s conception, the courts are bound to make these decisions according to the best interest of the child, and to keep the parents’ U.S. and New Jersey constitutional rights in mind at the same time.

Divorce can be difficult in the best of circumstances. Your divorce will be easier if you have an experienced family lawyer in your corner. For compassionate counsel and tough advocacy, call one of our family law attorneys at Hanan M. Isaacs, P.C., in Central New Jersey. Call 609-683-7400 or contact us to schedule a near-term, reduced fee, initial consultation. You will be glad you did.