When the U.S. Supreme Court found in favor of marriage equality nationwide in 2015, LGBTQ citizens and their allies rejoiced. But it did not mean full equality in the eyes of the law. There are still questions surrounding LGBTQ civil rights, particularly around children. These questions most often arise when LGBTQ couples with children dissolve their relationship or marriage and the court must make custody determinations.

Because children of LGBTQ couples come about in a variety of ways—including IVF and IUI treatments, surrogacy and adoption—there are legal ramifications many couples do not think about in advance. At the dissolution of a marriage, what rights do nonbiological parents have in terms of visitation and custody? In some cases, the definition of “parent” plays a big role in defining the situation. If courts don’t recognize nonbiological parents as true parents, it could mean surrogates and sperm donors have more rights than a nonbiological parent who raised the child.

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