How Family Law Treats Non-Biological Parents
Family law has traditionally focused on biological ties when addressing parental rights and responsibilities. However, in recent years, courts and legislatures have increasingly recognized that family relationships extend beyond genetics. For non-biological parents, those who have taken on parental roles without a biological connection, the legal process can be challenging and sometimes unclear.
At Johnson Bigelbach Law, PLLC, our dedicated family law attorneys based in Saint Paul, Minnesota, are committed to supporting individuals and families through some of life’s most personal legal matters.
With years of focused experience, we understand the emotional and legal challenges that arise in family law cases, especially when it comes to the rights of non-biological parents. We take a thoughtful and thorough approach to every case, working closely with our clients to advocate for their relationships and protect their role in their children’s lives.
If you’re a non-biological parent living in Minnesota or facing issues related to custody, visitation, or parental rights, we’ll help you explore the key aspects of family law concerning non-biological parents, explain how courts view these relationships, and outline steps you can take to protect your connection to your children.
What Is a Non-Biological Parent?
A non-biological parent is someone who acts as a parent but doesn’t share a genetic connection with the child. This includes a variety of situations, such as:
Step-parents who have assumed parental roles
Same-sex partners raising children together, where only one partner is the biological parent
Adoptive parents
Guardians who have formed strong bonds with a child
Individuals who have cared for a child from birth or early infancy, though not legally recognized as parents
Family law traditionally grants rights based on biology or legal adoption. However, Minnesota courts have increasingly acknowledged the emotional and caregiving bonds that non-biological parents establish.
Legal Status of Non-Biological Parents in Minnesota
Minnesota family law treats non-biological parents differently depending on how the parental relationship was formed and whether legal steps were taken to formalize that relationship. The primary ways Minnesota law views non-biological parents include the following.
Adoptive Parents
Adoption is the most straightforward way for a non-biological parent to gain full legal parental rights. Once adoption is finalized, the adoptive parent holds the same rights and responsibilities as a biological parent. An adoption can occur through stepparent adoption, second-parent adoption (common in same-sex families), or private or agency adoption.
Adoptive parents are fully recognized under Minnesota law, with no distinction between biological and adoptive status once the process is complete. This legal recognition provides long-term stability and clarity for both the parent and the child.
Step-Parents Without Adoption
Step-parents who haven’t legally adopted a child generally have limited rights. Minnesota law doesn’t automatically grant custody or visitation rights to step-parents. However, in some cases, courts may grant visitation if it’s in the child’s best interests, especially if the step-parent has formed a significant parental relationship.
De Facto Parents
Minnesota recognizes the concept of "de facto parenthood." A de facto parent is someone who has acted as a parent to a child for a substantial period, taking on parental responsibilities with the knowledge and consent of the legal parents. Under Minnesota Statutes Section 257C.01, a court may grant custody or visitation rights to a de facto parent if the court finds that:
The individual has assumed parental duties for at least two years.
The individual has developed a significant parental bond with the child.
The child has lived with the individual in a parent-like role.
An experienced family law attorney can assist non-biological parents in presenting evidence to support a de facto parent claim.
Rights and Responsibilities of Non-Biological Parents
In Minnesota, non-biological parents should aim to establish rights related to custody (physical and legal), parenting time (visitation), decision-making authority in the child's life, and child support responsibilities. The courts primarily focus on the child's best interests when deciding these matters.The key factors the courts consider when establishing parenting rights include:
The duration and quality of the relationship.
The role of the non-biological parent has played in the child’s upbringing.
The wishes of the child, especially if the child is older.
The presence or absence of any harm to the child if the relationship is disrupted.
The biological parents’ attitudes toward the non-biological parent.
These considerations help the court assess whether maintaining the relationship serves the child's well-being. A strong, consistent presence in the child’s life can carry significant weight in the court’s decision.
Challenges Faced by Non-Biological Parents
Non-biological parents often encounter obstacles when asserting parental rights. While the specific challenges may vary depending on your family dynamics, some common challenges include the following:
Lack of legal documentation: Without adoption or a court order, non-biological parents may have no formal recognition.
Biological parent opposition: Biological parents may contest custody or visitation rights.
Unclear legal status: The de facto parent doctrine isn’t automatically applied and requires substantial proof.
Emotional stress: Disputes over parental rights can strain relationships with the child and biological parents.
Given these challenges, working with a family law attorney is important to build a case that reflects the nature and depth of the parent-child relationship.
How Non-Biological Parents Can Protect Their Rights
Non-biological parents can take various steps to safeguard their relationship with a child. The key proactive measures you should consider include the following.
Consult a family law attorney early: Seek legal advice as soon as concerns arise about custody or visitation to understand your rights and options.
Document your role: Keep records of your involvement in the child’s life, such as caregiving duties, school involvement, medical care, and daily activities.
Pursue legal adoption if possible: Consider stepparent or second-parent adoption to formalize your parental status.
Establish guardianship: If adoption isn’t an option, guardianship can provide legal authority over certain aspects of the child’s welfare.
File for custody or parenting time: If you have a strong bond and care for the child regularly, filing for custody or parenting time with the court may protect your relationship.
Maintain open communication: Work cooperatively with the biological parent(s) when possible to reach agreements outside court.
Gather evidence for court: If legal action is necessary, collect evidence such as witness statements, photos, and letters that show your parental role.
Taking these steps can strengthen your legal standing and demonstrate your ongoing commitment to the child's well-being. Acting early and intentionally can make a meaningful difference in how the court views your role.
Contact an Experienced Family Law Attorney Today
At Johnson Bigelbach Law, PLLC, we understand how important your role is in a child’s life, even without a biological connection. Serving Saint Paul and Minneapolis, Minnesota, we’re here to support non-biological parents seeking to protect their rights and relationships. If you're facing challenges related to custody, visitation, or legal recognition, contact us today to schedule a consultation and discuss your options.
