Many LGBT couples have children whom both partners consider to be their own, but whom only one partner is actually the biological and/or legally recognized parent. In this situation, many partners become concerned about who will have the right to take care of their minor children should the legally recognized parent die. In the end, all decisions surrounding custody are based on the best interests of the child, but partners can provide for an alternate guardian in their Will with clearly stated reasons for believing a specific person (including their surviving partner) would be the appropriate guardian for minor children. While not necessarily binding, Courts will take these wishes into consideration when determining guardianship rights.
Moreover, Pennsylvania allows couples to seek what is called a second-parent adoption. This enables a second parent to adopt a child without the first parent losing their legal rights to custody of that child. LGBT couples with children should speak to an attorney about exploring these options.
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