When a child is born into a loving, stable home, most people assume the law recognizes both parents equally. But for many same-sex couples in Texas, that assumption can be dangerously wrong.
Even in 2025, the legal system doesn’t always keep pace with the realities of modern families. The truth is: biology doesn’t equal parentage, and marriage alone doesn’t automatically protect your parental rights.
The Legal Gap No One Warns You About
Here’s the situation: You and your spouse have been married for years. You planned a family together. Maybe one of you carried the child. You both raise the child. You go to every doctor’s appointment and teacher conference. But if only one of you is the biological parent, and you didn’t go through a legal adoption or parentage adjudication, only one of you may be recognized by the state as the legal parent.
That means:
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The non-biological parent may not have legal standing to make medical or educational decisions.
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In the event of a separation, the non-biological parent could lose access entirely.
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If something happens to the biological parent, custody could default to someone else—even if that’s against the child’s best interests.
This isn’t fear-mongering—it’s the legal landscape under Texas Family Code § 160.204, which governs the presumption of parentage.
What Texas Law Recognizes (and What It Doesn’t)
Texas law presumes that a man married to a woman who gives birth is the legal father. But for same-sex couples - regardless of marriage - that presumption doesn’t automatically apply. Although, the Texas Supreme Court may rule on the application of this statute to same sex spouses, it has not yet.
To be legally recognized, the non-biological parent typically must:
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Complete a second-parent adoption, or
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File to adjudicate parentage in family court
It’s a process. It costs money. But it creates legal security. Without it, parental rights may exist in practice but not in law - and that gap can have heartbreaking consequences.
Real Risks, Real Stories
There have been cases in Texas and across the country where non-biological parents were denied hospital access, could not pick a child up from school, or lost all contact during a breakup. These aren’t rare exceptions. They’re predictable outcomes in a system that has not fully adapted.
For same-sex couples, assuming the law will “figure it out” later is not a plan - it’s a gamble.
Protecting Your Family with Legal Certainty
If you’re a same-sex couple parenting in Texas, the most protective thing you can do is pursue formal legal recognition of both parents. That may look like:
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Second-parent adoption (if the child was born during the marriage)
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A petition to adjudicate parentage
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Updating documents such as wills, medical directives, and school records
Your love is valid. Your family is real. But in the eyes of the law, rights have to be established with paperwork - not just presence.
At Griffith Law Office, we believe every child deserves the protection of two legally recognized parents - and every parent deserves to have their relationship with their child respected by the law.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change frequently and outcomes depend on specific facts. If you need legal assistance, consult with a qualified attorney licensed in your jurisdiction.
