Course Description
This CLE program examines the evolving legal landscape affecting nontraditional families, including multi-parent, polyamorous, and kinship caregiving arrangements. Participants will learn how to identify and mitigate risks when parental rights, custody, and medical decision-making authority are not formally established, with a focus on tools such as the Uniform Parentage Act (2017) and second-parent adoption. The course also covers practical strategies for drafting essential legal documents, structuring co-parenting agreements, and ensuring enforceability across jurisdictions. In addition, it addresses ethical considerations for attorneys representing multiple parties under Model Rule 1.7. Attendees will leave with actionable guidance to better protect families and navigate complex, modern parentage issues.
Principles
- Identify the legal risks confronting nontraditional families when parental status, custody rights, or medical decision-making authority are not formally established
- Apply the Uniform Parentage Act (2017), including de facto parent recognition, and identify jurisdictions permitting three-parent orders (e.g., CA, WA, ME)
- Advise clients on second-parent adoption as the “gold standard” for cross-state portability of parentage
- Draft healthcare proxies, powers of attorney, HIPAA authorizations, and consent to treatment of a minor forms to close emergency-access gaps
- Structure co-parenting agreements for multi-partner and polyamorous households, addressing equitable support, succession, and dispute resolution
- Navigate ethical duties under Model Rule 1.7 — joint vs. individual representation, informed consent, and confidentiality in multi-party engagements
- Implement practical safeguards — emergency document kits, severability clauses, and portability counseling — to maximize enforceability across jurisdictions
Syllabus
- The Modern Legal Landscape
- Shift from biology/adoption-only to functional, intent-based parentage analysis
- Emerging trends: de facto parentage, multi-parent households, kinship caregiving
- Risks of “legal stranger” status during emergencies and relationship breakups
- Establishing & Preserving Parentage
- Uniform Parentage Act (2017), including de facto parent recognition
- Three-parent orders — jurisdictional developments (CA, WA, ME, and others)
- Second-parent adoption: the gold standard for cross-state portability
- Custody, Placement, and Visitation
- Third-party vs. parental standing in multi-parent breakups
- De facto parent standard: consent, cohabitation, parental role, bonded relationship
- Best-interests analysis in polyamorous and multi-parent families
- Healthcare & Emergency Authority
- HIPAA and hospital gatekeeping risks for non-legal caregivers
- Proactive documentation: healthcare proxies, POAs, consent to treat a minor, HIPAA releases
- Multi-Partner & Polyamorous Structures
- Co-parenting agreements: rights, duties, and equitable child support
- Succession planning on the death of a legal parent
- Dispute resolution — mediation-first provisions
- Ethical Considerations for Counsel
- Client identification: joint vs. individual representation
- Model Rule 1.7 conflicts and informed-consent requirements
- Confidentiality when client goals diverge
- Best Practices & Practical Takeaways
- No handshake deals — memorialize custody and medical access in writing
- Draft for enforceability: severability, choice of law, portability counseling
- Maintain emergency kits with digital copies of parentage orders and authorizations
