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Same-sex couple reaches complex child custody agreement

Medical technology has made amazing advances toward allowing every family to produce biological children. Although these advances have made it possible for previously childless couples to have children, they often complicate a child custody agreement in the event of the disintegration of a relationship. As a result, one family’s decision to split custody of fraternal twins after the parent’s relationship ended in divorce has created controversy in Massachusetts and across the nation.

The same-sex couple was married in 2003 in a civil union. The couple recently decided to have children through the use of a surrogate. Two separate embryos, one fertilized by each of the men in the relationship, were used during the pregnancy, resulting in fraternal twins. Unfortunately, the couple separated before the children were born.

The two have agreed to a temporary arrangement for each man to have custody of his biological child. Unfortunately, this means the young infants are separated from one another. Since both members of the former couple have expressed their desire for the two babies to take part in each other’s lives, the status of the agreement may change in the future.

While not all couples have such a complicated child custody agreement, there is no doubt that there is tension and concern for children’s well-being. However, having two parents who are willing to discuss openly their concerns and desires, while taking into consideration the best interests of the child, can often smooth the process. Many couples in Massachusetts can learn from cases such as these that are setting new standards in the world of family law.

Source: CNN, David Tutera’s ex: Splitting up twins is ‘complex’, Alexandra Thomas, Sept. 19, 2013

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