Can a non-biological parent recover loss of consortium damages?

Loss of consortium rights typically extend to legal spouses, not unmarried partners or non-adoptive parents. Some progressive jurisdictions recognize domestic partner consortium claims. Step-parents generally lack consortium rights unless adoption occurred. In loco parentis relationships might support claims in limited circumstances. Emotional bonds alone don’t create legal consortium rights. Marriage equality expanded consortium eligibility. Common law marriages where recognized provide consortium rights. Legal parent status through adoption or birth establishes children’s consortium claims. Policy arguments favor recognizing functional family relationships. Strategic considerations include relationship documentation and jurisdiction selection.

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