About Nicole O'Neal

Nicole O'Neal is an attorney in the Manassas office of Livesay & Myers, P.C. She practices exclusively family law, representing clients in separation, divorce, custody, visitation and support cases in Manassas, Prince William County, and all across Northern Virginia.

Here are the most recent posts by this author:


Why Same-Sex Married Couples Should Consider Stepparent Adoption

Posted on July 30th, 2019, by Nicole O'Neal in Family Law. No Comments

The Supreme Court of the United States issued a landmark decision on June 26, 2015 when Obergefell v. Hodges, 135 S. Ct. 2584 (2015) allowed for same-sex marriage in all fifty states. What this opinion did not address, however, was parentage of children born into those same-sex marriages or legal rights of non-birth parents to children born into those marriages through assisted conception.

Under Virginia law, a marriage creates a presumption of parentage. Virginia Code § 20-158 states that the gestational mother or “birth mother,” and the spouse of a birth mother, are the two parents of a child resulting from assisted conception. This allows for a birth mother and her wife to both be listed on their child’s birth certificate when the Department of Vital Statistics records the child’s information.

However, the presumption of parentage does not necessarily convey legal … Read More »


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