In the Event of Death: Lesbian Families' Plans to Preserve Stepparent–Child Relationships

• Author: Katie L. Acosta
• DOI: http://doi.org/10.1111/fare.12243
• Published date: 01 April 2017
• Date: 01 April 2017

K L. A Georgia State University

In the Event of Death: Lesbian Families’ Plans to

Preserve Stepparent–Child Relationships

Objective: This study explores the plans women

in same-sex stepfamilies make to preserve

stepparent–child relationships in the event of an

origin parent’s death.

Background: The incomplete institutionaliza-

tion of stepparent–child relationships leaves

them legally vulnerable, and this vulnerability

may be compounded for lesbian stepparent

families given that existing policies (such

as second-parent or joint adoption) are not

accessible to them.

Method: This study is based on in-depth phone

interviews with 39 birth, adoptive, and step-

parents residing in 17 states. All were raising

children from previous relationships and did so

for at least one year before study participation.

Some grounded theory strategies were adopted

to code the transcribed data.

Results: Findings indicate that three app-

roaches were used: (a) relying solely and

informally on family members, (b) outlin-

ing in-the-event-of-death wishes in wills for

extended family to follow, and (c) assuming

that the children were old enough to choose for

themselves.

Conclusion: Findings suggestthat existing fam-

ily policies leave stepparent–child relationships

legally vulnerable in the event of the origin par-

ent’s death.

Implications: The three plans participants arti-

culated may promote division rather than unify a

support network for children at a time when they

Department of Sociology, Georgia State University, 38

Peachtree Center Avenue, Atlanta, GA 30303 (kacosta@

gsu.edu).

KeyWords: Family/social policy and law,same-sex relation-

ships and marriage, stepfamilies.

are most needing stability. Family life educators

can play a key role in mitigating these divisions

by teaching families tools to foster harmonious

coparenting relationships among multiple par-

ents.

Recent changes in marriage laws in the United

States signify a major advancement towardequal

rights for gay men and lesbians. However, ques-

tions remain regarding parenting rights in the

context of same-sex marriage. For instance, it

remains unclear whether a presumption of par-

enthood (the assumption that both individuals in

a marital union are legal parents to any child

born within that union) will be extended to gay

and lesbian married couples as for married het-

erosexual couples. Thus far, legal precedent has

been inconsistent with regard to extending the

presumption of parenthood to same-sex couples.

At times, the parent who is not biologically or

legally related to the child has been afforded

legal parental rights and at other times they

have not (Leonard, 2015). Moreover, only 13

states explicitly allow for second-parent adop-

tion, whereby a nonbiological parent can be

legally recognized as a parent to children con-

ceived in that relationship. Thus, despite gain-

ing the ability to marry nationwide, access to

second-parent adoptions remains uncertain in

most states (Warbelow, 2013).

Since the passing of nationwide marriage

equality, national gay rights organizations have

emphasized that although marriage affords

same-sex couples legal protection for their

relationship with each other, it may not protect

nonbiological parents’ relationship to their

children (Parent–Child Relationships, 2015).

Further, marriage alone does little to protect the

244 Family Relations 66 (April 2017): 244–257

DOI:10.1111/fare.12243