The Interplay Of AI On The Same Sex Marriage, Parenting and Grand Parents’ Rights

This article will look into the often and most overlooked area of family law, where same-sex marriage and parenting, and grandparents’ rights intersect, and examine the impact of AI on these complex issues.

AI  intersects with same-sex marriage and parenting through advancements like artificial insemination, which enables same-sex couples to conceive children. Legal frameworks, such as the Gauteng High Court’s decision in South Africa, now recognize both partners in a same-sex relationship as equal parents, addressing gaps in parental rights. Additionally, AI’s role in family dynamics includes ethical concerns around algorithmic discrimination and privacy, which could impact access to reproductive technologies and legal protections for LGBTQ+ individuals. Grandparents’ rights remain relevant in cases of custody disputes, visit disputes, emphasizing the evolving definition of family structures.

Same Sex Marriage

Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2025, marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% of the world’s population). The most recent jurisdiction to legalize same-sex marriage is Thailand.

Same-sex marriage is legally recognized in a large majority of the world’s developed countries; notable exceptions are Italy, Japan, South Korea and the Czech Republic. Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia, restrict advocacy for same-sex marriage. A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples.[The concept of nikah marriage] In six of the former and most of the latter, homosexuality itself is criminalized.

The implications of same sex marriage are multi faceted ;

Same-sex couples can benefit from the same tax advantages and benefits as heterosexual couples, such as joint tax returns, inheritance, and property rights. Some religious groups hold beliefs that oppose same-sex marriage, leading to concerns about religious freedom and the potential for discrimination. Some argue that children raised by same-sex parents may experience negative outcomes, while others argue that children raised in loving and supportive homes, regardless of parental sexual orientation, thrive. The legalization of same-sex marriage can lead to shifts in social norms and cultural values, which can be perceived as positive or negative by different groups. 

Parenting

  Parenting is the process of raising children and providing them with protection and care in order to ensure their healthy development into adulthood. Parenting in legal sense is raising and caring for a child if you have responsibility for the child.

There are different types of parenting. However, the main types of parenting are,

Biological parenting is one in which the parents and child or  children are related by blood that is they share same blood. Sole custody where one parent has all rights, joint custody in which both parents share rights, and split custody where one parent has custody of one child and the other parent has custody of another child. Foster parenting occurs when birth parents are unable to care for the children and are provided temporary care for. Adoption is a permanent and long-term outcome with a greater level of commitment involved.

Grand Parents’ Rights

Grand parents’ rights is not an inherent right or inalienable right; it’s a legal right that can be sought through the court system. Grandparents can apply to the court for access to their grandchildren, which can include overnight stays or other forms of contact. The court’s primary consideration is always the welfare of the child, and any orders made will be in the child’s best interests. 

When deciding on a grandparent’s application, the court will consider the existing connection between the grandparent and the child, Any potential harm to the child if the grandparent is granted access, the wishes of the child’s parents or guardians and the wishes of the child, if they are old enough to form their own views. 

Same-sex couples are increasingly building families, and it’s great to see more legal recognition of their rights.  When it comes to adoption, things have come a long way. Many countries now allow same-sex couples to adopt, but unfortunately, there are still places where this is not possible.  It’s about equal access and opportunity for all families.

Assisted reproductive technologies (ART) are another key area.  These can include things like in-vitro fertilization (IVF) or surrogacy.  While many countries are recognizing same-sex couples’ rights to access ART, there are still some places where they face discrimination. It’s really about allowing all couples to build their families in the way that feels right for them.

Now, the social implications are important to consider.  Same-sex families often face unique challenges.  Sometimes there’s still stigma or prejudice, and sadly, their children might face bullying or discrimination at school.  It is important to create a society where all families are accepted and celebrated. 

We need to keep pushing for equality and make sure that all families have the same opportunities and rights.  It is about creating a more inclusive and accepting world for everyone.

It is easy to get caught up in the big picture of family law, but sometimes the really important stuff gets overlooked.  And that is exactly what happens with same-sex families.  

We talk about divorce, child custody, inheritance… but what about the unique legal challenges that same-sex couples face?  Like, how do grandparents’ rights play out when a same-sex couple has children?  Or what about legal protections for second parents in a same-sex relationship, especially when it comes to things like medical decisions?  These are often forgotten or misunderstood.

It is not just about being politically correct.  It is  about ensuring that all families have the legal protections they need.  Imagine a grandparent who wants to see their grandchild, but the law does not recognize their relationship because the parents are a same-sex couple.  Or imagine a second parent who can’t make medical decisions for their child because they aren’t legally recognized.  These are real situations that need to be addressed.

Family law needs to evolve.  It needs to be inclusive and acknowledge the diversity of modern families.  We need to ensure that all families, regardless of their makeup, have the legal support and recognition they deserve. 

The Impact Of AI On Same Sex Marriage and Parenting

First, let’s look at how AI is influencing family dynamics.  Imagine AI-powered apps that help same-sex couples navigate the legal complexities of marriage and parenting. 

Example of these apps are family Orbit and FamZoo which help manage shared parenting responsibilities and expenses.

These apps  could also  provide personalized guidance on things like adoption, surrogacy, and legal rights.  They could even help with things like budgeting and childcare planning.

Apps like CoParenter, OurFamilyWizard, or Coparentify, which facilitate communication and coordination between co-parents and AI-powered fertility apps like Glow, FertilityIQ, or Ava, which help same-sex couples track fertility and conceive.

Now, let’s talk about AI in family law.  AI algorithms could analyse legal precedents and case histories to help judges make more informed decisions regarding parental rights and custody.  It’s a bit controversial, but some believe that AI could help reduce bias and ensure more equitable outcomes.

Next, AI is playing a big role in assisted reproductive technologies (ART) for same-sex couples.  AI-powered systems can analyse genetic data to help couples choose the best sperm or egg donors.  AI is also being used to improve the success rates of IVF procedures.  

The benefits are clear: AI can help same-sex couples build families more easily and efficiently.  But there are challenges too.  For example, some worry about the ethical implications of using AI in ART, especially when it comes to issues like genetic screening and designer babies.

It’s a double-edged sword.  AI has the potential to make a positive impact on same-sex families, but we need to be mindful of the potential downsides and ensure that it’s used responsibly and ethically.

The Impact Of AI On Grandparents’ Rights

While AI itself doesn’t directly influence legal protections, it can indirectly affect how grandparents navigate the legal system and their relationships with grandchildren. AI-powered legal resources can provide grandparents with information about their rights and how to navigate the legal system. This could include online platforms that offer legal advice, document templates, and access to relevant case law. These platforms can empower grandparents to understand their legal standing and make informed decisions about their rights.

Furthermore, AI-powered communication tools can facilitate communication between grandparents and grandchildren, even if they live far apart. Video calls, messaging apps, and social media platforms can help maintain relationships. However, it’s important to be mindful of privacy concerns and ensure responsible use of these technologies. AI can also influence family law decisions regarding grandparents’ rights in custody battles or visitation disputes. AI algorithms might be used to analyse case histories and predict potential outcomes. 

However, it’s crucial to remember that AI is a tool, and its impact on grandparents’ rights will depend on how it’s used. It’s essential to ensure that AI applications are ethical, transparent, and fair, promoting the best interests of children and respecting the rights of all family members. As AI continues to develop, it’s important to consider its potential 

impact on family dynamics and ensure that it’s used in a way that benefits all involved.

AI is revolutionizing how grandparents navigate family decisions and legal proceedings, offering both opportunities and challenges. AI-powered apps can facilitate co-parenting arrangements, providing a platform for grandparents to stay informed and contribute to parenting decisions. Additionally, AI algorithms can analyse data related to parental fitness and child well-being, aiding in determining visitation and custody arrangements. This empowers grandparents to advocate for their rights and ensure their involvement in shaping the legal framework surrounding their grandchildren. However, ethical considerations must be carefully addressed to ensure that AI is used fairly and prioritizes the best interests of the child.

Legal Framework Of Same Sex Marriage ad Parenting and Grand Parents’ Rights

Same-Sex Marriage

 Same-sex marriage was legalized nationwide in the United States by the Supreme Court’s decision in Obergefell v. Hodges (2015). The Court ruled that same-sex couples have a constitutional right to marry, stating that “the right to marry is a fundamental right inherent in the liberty of the person”. Prior to Obergefell, many states had enacted laws or constitutional amendments banning same-sex marriage. However, post-Obergefell, these laws were rendered unconstitutional, and states are required to recognize same-sex marriages performed in other jurisdictions. Following the legalization of same-sex marriage, same-sex couples are entitled to the same federal benefits as heterosexual couples, including tax benefits, social security, and health care benefits.

Same-Sex Parenting

 Same-sex couples have the right to adopt children in all states. The legal framework for adoption does not discriminate based on sexual orientation. Courts have upheld the rights of same-sex couples to adopt, emphasizing that “the best interests of the child” standard applies equally. In many jurisdictions, both partners in a same-sex couple can be recognized as legal parents of a child, especially if they are both involved in the child’s upbringing. This is often facilitated through second-parent adoption, which allows a non-biological parent to adopt their partner’s biological child without terminating the biological parent’s rights. Same-sex couples can also pursue surrogacy arrangements to have children. Legal recognition of these arrangements varies by state, but many states have laws that support surrogacy agreements for same-sex couples.

Grandparents’ Rights

 Grandparents may seek visitation rights in cases where their relationship with their grandchildren is significant. Courts generally consider the best interests of the child when determining visitation rights. Many states have specific statutes that allow grandparents to petition for visitation. In some cases, grandparents may seek custody of their grandchildren, particularly if the parents are unfit or if the child is at risk. Courts will evaluate the circumstances and the child’s best interests when making custody determinations. The legal framework for grandparents’ rights varies significantly by state. Some states have more permissive laws regarding grandparents’ rights, while others impose stricter requirements.

Acknowledging and understanding the rights and laws surrounding same-sex marriage, parenting, and grandparents’ rights is crucial in promoting equality, acceptance, and inclusivity. Recognizing these rights: 

Ensures same-sex couples and their families have the same legal protections and benefits as heterosexual couples,  Acknowledges the diversity of family structures and promotes a culture of acceptance and understanding, d Ensures that children raised by same-sex couples or grandparents have the same legal protections and rights as those raised by heterosexual couples, Encourages a society that values and respects all families, regardless of their composition.

By understanding and acknowledging these rights, we can work towards creating a more inclusive and equitable society for all.

Conclusion

In conclusion, the intersection of AI, same-sex marriage, and parenting, as well as grandparents’ rights, requires a nuanced and inclusive approach. As AI continues to evolve, we must prioritize equity, compassion, and the well-being of all family members to create a more just and supportive environment for diverse families.

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Ayeni Damilola Laughter is a law student at Joseph Ayo Babalola University, pursuing a Bachelor of Laws (LL.B) degree with a focus on corporate law, tax law, criminal law, and family law. With a strong academic foundation and passion for law, Laughter aims to contribute to the legal community through her skills in legal research, case analysis, legal drafting, communication, time management, organization, and computer literacy. She has gained practical experience as a legal intern at Record of Law and Naos Simulation, where she played the role of a junior juror.