Frequently Asked Questions
About GLBT Minnesotans & Family Law

This is not a comprehensive list of family law issues, but these are some of the most common questions we have received at our Legal Program.
 

My partner and I broke up, and now I am afraid I will never see the child we were raising together. The child is my partner’s biological child. Do I have any rights?

Visitation may be a possibility. If you adopted the child (see above), you have as much right to visitation and custody as a birth parent. Assuming you did not adopt, however, you may still be able to seek visitation (Minn. Stat. 257C.08 Rights of visitation to unmarried persons) with the child if (a) you lived with that child for at least two years, and (b) you effectively assumed a parental role with respect to that child. If these are true, a judge may order visitation for the non-biological parent upon finding that permitting such visitation is in the child’s best interest.

I am married, but divorcing. We have kids, and I want custody of them. Can my sexual orientation be used against me to deny me custody?

In general, no. Minnesota judges are required in custody matters to act in “the best interests of the child.” State law permits judges to consider many factors, but forbids judges from considering matters that do not affect a person’s relationship with the child or their ability to parent. Sexual orientation or gender identity, by itself, has no particular relevance to a person’s relationship to their children, or to their ability to parent, and a judge may commit an abuse of his or her considerable discretion by basing a decision to deny custody on a parent’s sexual orientation or gender identity.

My partner has a child from a previous marriage. May I adopt that child?

Typically, yes. Minnesota law has been interpreted to permit such adoptions, although the law is not crystal-clear on this point. The process is often called a “second-parent adoption”, and requires the consent of all living biological parents of a child. The approval of such an adoption is also contingent upon a judge finding that the adoption is in the child’s best interests. Because a judge has a great deal of discretion in this regard, it is impossible to guarantee that a particular judge will grant an adoption. While second-parent adoptions have become relatively common in the Twin Cities metropolitan area, courts in other areas of Minnesota may see far fewer and may not treat them in the same routine manner. OutFront Minnesota is tracking people’s adoption experiences in counties across Minnesota. Having an attorney is critical to the success of any adoption.
 

This information is intended to be general and educational. It is not intended to be legal advice. Not all options discussed are always appropriate for every family or situation. Also, the law is continuously evolving on GLBT issues – certain details in this document could, in theory, change over time. Always consult with an attorney when drafting or signing documents affecting your legal rights.

For more information, or for referral to a GLBT-friendly family law attorney in your area, please contact the Legal Program at legal@outfront.org or at (612) 822-0127, ext. 230.