ISSUES TO CONSIDER:
Thinking about starting a family?
Talk to a lawyer BEFORE you get pregnant.
Using a known donor is rarely a good idea because it is fraught with danger. A known donor has parental rights--even if he or she signs an agreement waiving those rights. Many courts will not honor a written agreement in which the donor waives rights and responsibilities. Courts will, generally, not enforce an agreement that denies the child financial support. Child support is for the benefit of the child--not the parents. Having a known donor may prevent the non-biological partner or spouse from being considered a parent without an adoption. And the adoption can only take place if the known donor consents. Because marriage equality is so new, there is no guarantee that the "marital presumption" for determining parental rights will apply. Some states have no marital presumption concerning children. In 2016, Ohio remains a question mark when it comes to second parent adoptions. Married couples may also find it difficult finalizing a stepparent adoption if the known donor does not consent. Adoption will continue to be an important option for same-sex couples who marry and for those who don't. The latter will need to consider second parent adoptions. Married couples can look to the stepparent adoption statutes for the legal authority. The intended parents need to sign a Shared Custody Agreement. This will give the non-legally recognized parent rights concerning the children. Plan for your family's legal issues with as much care as you give to the planning for the baby. Thinking about getting married?
Should you get married? The best answer is: it depends.
Marriage is a legally binding relationship. Unlike when you live together, you cannot just walk away. And, even if your state does not recognize the marriage, IT IS STILL A LEGALLY BINDING CONTRACT. Without dissolving the marriage, you cannot get married again. People who do may violate a state's bigamy law. Following the U.S. Supreme Court decision in Obergefell v. Hodges that was handed down on June 26, 2015, marriage equality is the law of the land. Lesbian and gay couples have the same rights to marry as every heterosexual couple. And, gender identity will no longer be an issue transgender individuals who want to marry. However, marriage is not for everyone. So, take your time and consider all the legal and financial ramifications of marriage BEFORE you tie the knot. Talk to a lawyer and your financial planner before you get married. It may save you time, trouble and aggravation later on. And, marriage may not make financial sense for couples that have been together for a long time. Consider signing a pre-nuptual agreement before you get married even if you live in a recognition state. The agreement may help when dissolving the relationship later on. If either party brings property to the relationship, it is wise to consider what happens when you split up. |
Federal Laws
NEW PASSPORT RULES
ABOUT GENDER MARKERS The U.S. Passport rules affecting transgender individuals that became effective June 10, 2010 do not seem to have changed under the Trump Administration. Sex Reassignment surgery is no longer a prerequisite to correcting the gender marker. Applicants will need a physician's statement about gender transition clinical treatment. Read the State Department's guidelines at: http://www.state.gov/documents/organization/143160.pdf U.S. TAX COURT In 2010, the U.S. Tax Court ruled that transgender individuals may claim expenses for hormone therapy and sex reassignment surgery as deductible medical expenses under the Internal Revenue Code. The case is: Rhiannon G. O'Donnabhain v. Commissioner of I.R.S., 134 T.C. No. 4 (Feb. 2, 2010). Download a PDF |
DISCLAIMER:
This site is designed to only provide information on LGBT legal issues.
THE INFORMATION PROVIDED HERE DOES NOT CONSTITUTE LEGAL ADVICE.
THIS SITE IS NOT INTENDED TO BE AN ALTERNATIVE TO HIRING A LAWYER AND SEEKING LEGAL ADVICE.
NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED NOR IS ONE INTENDED.
NO INFORMATION SUBMITTED TO THIS SITE IS PROTECTED BY ANY ATTORNEY-CLIENT PRIVILEGE.
THE INFORMATION PROVIDED HERE DOES NOT CONSTITUTE LEGAL ADVICE.
THIS SITE IS NOT INTENDED TO BE AN ALTERNATIVE TO HIRING A LAWYER AND SEEKING LEGAL ADVICE.
NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED NOR IS ONE INTENDED.
NO INFORMATION SUBMITTED TO THIS SITE IS PROTECTED BY ANY ATTORNEY-CLIENT PRIVILEGE.