Ultimately, the children of same-sex unions are left without the financial or emotional support of one of the parents, and with significantly fewer rights than children from opposite-sex unions. Part II of this Comment will provide a legal background for child support, including the requirements for states as set forth by the Uniform Interstate Family Support Act.  Part III will explore the laws in a few select states that have defense of marriage acts versus those that do not, specifically Texas, Missouri, New York, California, Montana, Wisconsin, and Ohio. Part III will also discuss the various problems that arise for families as a result of the current laws. Part IV will propose that states should enact legislation that establishes same-sex partners as legal parents with the same rights and responsibilities to their children as opposite-sex partners

Ann Kathryn Watson

St. Mary's University, San Antonio: St. Mary's Law Digital Repository

What about the Children: How Children of Same-Sex Couples are Left without State-Run Support (Comment)

States should enact legislation affording same-sex partners the same rights and responsibilities to their children as opposite-sex partners. Although federal law mandates specific duties owed to the child, the language is silent about whether it applies to same-sex partners. Moreover, Congress passed the Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman. Some states—namely Texas—have passed their own version of DOMA. These states have subsequently denied same-sex partners the same rights granted to opposite-sex partners—such as conservatorship, visitation, and child support. Same-sex partners have used DOMA as a legal strategy to either avoid child support obligations, or as a means to deny visitation. As a result, the child is harmed by either being denied financial support or being denied a relationship with the other parent. State legislatures should repeal their DOMAs in order to avoid same-sex families from being denied services. Furthermore, the federal government should pass legislation that explicitly provides the same rights and responsibilities to same-sex partners. If the legislatures fail to act, it is imperative the courts intervene and incorporate a way to apply existing statutes to same-sex partners. Three methods effectively employed by courts include: the doctrines of de facto parent, psychological parent, and equitable parent. By implementing one these doctrines, courts have granted child support and visitation orders to same-sex parents. Nonetheless, it is critical for courts to continue to analyze the statutes more broadly until state legislatures take notice and realize the need for clear laws that protect same-sex families

Watson, Ann Kathryn

St Mary's University School of Law Digital Repository