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  5. Help! What Are My Rights To My Child That Was Born During My Same-Sex Marriage?

Help! What Are My Rights To My Child That Was Born During My Same-Sex Marriage?

On Behalf of Dixon & Moseley, P.C. | Sep 17, 2020 | Child Custody, Family Law, Same Sex Marriage

Ever since the United States Supreme Court determined that state bans on same-sex marriage were unconstitutional,1 the legal landscape has seen numerous changes regarding same-sex individual’s legal rights in divorces and ancillary matters flowing out of the divorce, such as division of property. One of the biggest changes that has occurred is the legal rights an individual has to a child born during the marriage. So, you may be wondering, what are my rights to my child born during my same-sex marriage? In this blog, we try to answer that question, as well as provide general information on an individual’s rights as a same-sex parent in Indiana.

Many same-sex couples, like heterosexual couples, want to have a child. The only difference between the two is that when same-sex couples have a child born during the marriage, the couple most often uses artificial insemination to achieve their goal. As one may imagine, artificial insemination can create some tricky legal nuances for parents, especially for the parent that did not carry the child or act as a donor. The reason is that, technically speaking, that parent is not a “biological” parent. While this may seem like a silly distinction now, prior to the United States Supreme Court declaring state bans on same-sex marriage were unconstitutional, many same-sex parents who were not considered “biological” parents were precluded from having any rights to their child that they raised.

Nowadays, however, same-sex parents who had a child born during the marriage have more rights to their children, regardless of whether the parent is technically the “biological” parent. To expand, in Indiana, the Courts have determined that spouses who knowingly and voluntarily consent to artificial insemination are the legal parents of the resulting child. More specifically, following the Supreme Court’s decision in Obergefell v. Hodges, the Indiana Court of Appeals, in Gardenour v. Bondelie, was faced with making a determination as to a same-sex partner’s legal rights to custody and parenting time of the child born during the marriage.2 In Gardenour, one of the mother’s was arguing that the other mother was not the child’s legal parent, and that any agreement to co-parent the child born of artificial insemination was void. The Indiana Court of Appeals dismissed this argument and instead found that, when spouses “knowingly and voluntarily consented to artificial insemination . . . [both parents are] legal parent[s].”

The main takeaway to remember is that a same-sex parent to a child born during the marriage is that child’s legal parent, meaning that person has all rights and responsibilities that a “biological” parent would have. However, it is important to point out that all custody proceedings are extremely fact-sensitive matters and depend heavily on the facts and circumstances of each individual case. Not to mention, custody proceedings can be trying times for individuals as they tend to be very personal and emotional matters. If you are in a child custody case, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys handle all types of child custody cases throughout the State of Indiana and understand the significance of same. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.

  • Obergefell v. Hodges, 576 U.S. 644 (2015).
  • Gardenour v. Bondelie, 60 N.E.3d 1109 (Ind. Ct. App. 2016).
  • What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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