Parental Rights in Same-Sex Marriages in North Dakota
In North Dakota, the legal landscape surrounding parental rights in same-sex marriages is governed by the same statutes and principles that apply to heterosexual marriages. The state’s laws and court decisions do not discriminate based on the gender or sexual orientation of the parents.
Parental Rights and Responsibilities
According to North Dakota Century Code 14-09-29, the court’s primary concern in any case involving parental rights and responsibilities is the best interests and welfare of the child. The statute explicitly states that there is no presumption favoring either the mother or the father, whether married or unmarried. This principle applies equally to same-sex couples. The court will award parental rights and responsibilities to the person, agency, organization, or institution that, in its opinion, will best promote the child’s welfare.
Domestic Violence and Parental Rights
North Dakota Century Code 14-09-29 also addresses the impact of domestic violence on parental rights. If a parent has perpetrated domestic violence and does not have residential responsibility, the court may limit their parental rights, especially if there is a pattern of domestic violence or an incident resulting in serious bodily injury or involving a dangerous weapon.
Divorce and Parental Rights
In a divorce proceeding, North Dakota Century Code 14-05-22 allows the court to give direction for parenting rights and responsibilities of the children of the marriage. Any award or change of primary parental responsibilities must be made in accordance with the provisions of chapter 14-09. After making an award of primary residential responsibility, the court, upon request of the other parent, shall grant such rights of parenting time as will enable the child to maintain a beneficial parent-child relationship, unless it is likely to endanger the child’s physical or emotional health.
Temporary Support, Attorney’s Fees, and Parental Rights
During any time in which an action for separation or divorce is pending, the court, under North Dakota Century Code 14-05-23, can make orders for temporary support, attorney’s fees, and parental rights and responsibilities.
Gestational Carrier Agreements
In the context of same-sex marriages, North Dakota Century Code 14-18-08 is particularly relevant. This statute states that a child born to a gestational carrier is a child of the intended parents for all purposes and is not a child of the gestational carrier and the gestational carrier’s husband, if any. This provision can be crucial for same-sex couples who use a gestational carrier to have a child.
Right to Counsel in Termination of Parental Rights
According to Rule 8.12, a parent has a right to counsel during all stages of a proceeding to terminate that parent’s parental rights. If indigent, the parent has a right to have legal counsel provided at public expense. This right applies equally to parents in same-sex marriages.
In conclusion, parental rights in same-sex marriages in North Dakota are governed by the same principles and statutes that apply to heterosexual marriages. The court’s primary concern in any case involving parental rights is the best interests and welfare of the child, and there is no presumption favoring either parent based on gender or sexual orientation.