Whether via pregnancy or adoption, having a child is a big event that requires quite a bit of preparation. Although you may be focused on buying baby clothes and parenting books, here are three pressing matters that should be attended to as soon as possible to reduce the likelihood of legal issues erupting before or after the child arrives.
Discuss Your Wishes with Your Partner
Though modern medicine makes it much safe to birth children these days, approximately 275,000 women still die from childbirth and pregnancy complications every year. In fact, the United States has one of the highest maternal mortality rates in the world, with 26.4 out of every 100,000 birth resulting in the mother's death.
Regardless of your doctor's assurances or how doubtful you may be that anything will happen during delivery, it's essential you sit with your partner and other important family members and discuss your medical wishes with them. If you want them to prioritize the baby's life over your own, for instance, then you need to let them know as soon as possible; otherwise, your spouse may be forced to make a decision you don't want.
It's a good idea to develop a living will detailing your preferences should you become incapacitated as well as draw up a temporary medical power of attorney that lets someone make health care decisions on your behalf if you become unable to do so. This is particularly important if you're in a same-sex relationship. Even though gay marriage is legal, it's not unusual for same-sex partners to be denied their spousal rights by medical staff who may not understand the law or have ulterior motives. Having these documents will make it easier for your partner to ensure you get the care you need.
Choose a Guardian
As a parent, you want to always be there for your kids. So, it may be difficult to think about the possibility of dying before they become self-sufficient adults. However, it's critical you set aside your discomfort and consider who you would want to take care of your children in the event something happens to you.
There are a number of good reasons to formally name a guardian for your kids. The most important one is it will prevent your children from being placed into the foster care system, which is a distinct possibility if you don't have family members who the state can send the children to if you and your partner die. Additionally, your kids may have an easier time dealing with your absence if they know they will be living with someone they love and trust.
Whoever you choose, be sure to formally document your preferences and revisit the matter every few years. People's circumstances change, and someone who was perfect when your child was born may not be the best option when the child turns five.
Check Birth Certificate Laws
If you're in a same-sex relationship or your partner is a transgender person who has not legally changed his or her name, a third thing you want to do check the laws governing parental registration on birth certificates. Unfortunately, many states are slow to acknowledge non-traditional families and may bar same-sex partners from putting their names on their children's birth certificate or may require a transgender person to use their dead name.
As you can imagine, this can create a number of legal problems when it comes to child custody and support issues. Therefore, it's important to determine how your state handles this situation and seek out alternatives if necessary. For instance, if your state refuses to let your partner put their name on the birth certificate, you may need to have them formally adopt the kids to protect their parental rights.
For more legal advice on preparing for the birth of your child or other family matters, contact a family lawyer in your area.
