California is one of the only states that permits the intent of the parent(s) to govern their parental rights, so that the intended parent (or intended parents) are listed as the legal parents on the birth certificate, regardless of biological connection, so long as this intent is formalized in an agreement/consent.
I, like all of us, have been intently watching the news involving Michael Jackson and his children, yet what amazes me is that lawyers on TMZ and other national news outlets are declaring that Michael “never formally adopted the children.” Therefore, he must not be the father of these children…..And, they then ask, who are the parents of these children?
Well, guess what? He is the father – no adoption required in this case no matter if he is the biological father or not, which appears to be the case for all three children. In California, surrogacy law is very clear as to who is the parent, regardless of biological connection, based upon intent. We can only guess at the facts in this case, but a birth in California with a surrogate, egg donor and sperm donor, will not affect his rights to these children, or the rights of his children to his estate. The only uncertainty is the fact that he was married to Ms. Rowe at the time of the birth of the first two children. She may certainly have a claim if she remains on the birth certificate, again even if an egg donor was used.
What people have to remember is that almost all people have the desire to be a parent, even Michael Jackson, so we need to remember his intentions to be a father, instead of focusing on the drama surrounding these children. Let’s hope they can move forward without their father in their lives and become successful adults without the media making it worse
See more on Channel 10 News and my interview.