LGBT Families
Without an affirmative federal gay-marriage law or Supreme Court ruling, LGBT spouses, partners and parents are often denied equal protection of the laws. The Defense of Marriage Act (DOMA) is a federal law that prohibits lawfully married same-sex couples from enjoying the federal benefits that are extended to all other married people — from joint income tax filing status, to immunity from having to testify against one's spouse in court. There are over 1,000 federal laws that confer rights and privileges based on marital status. In addition, DOMA permits each state to treat same-sex couples differently. For example, same-sex couples who marry in a state where it is legal, will not be recognized as being lawfully married if they move to a state that prohibits recognition. (Same-sex marriage became legal in New York state on July 24, 2011.) To complicate matters further, the legislative and judicial tug of war over various LGBT issues can mean that what was legal one day is not legal the next and vice versa. And when inconsistent state and federal laws converge, same-sex couples are often confronted with confusing and counterintuitive situations with respect to health insurance, immigration status, and other matters.
We believe that the day is coming when these injustices will be corrected, and equality and consistency will become the law of the land. But in the meantime, we stand by our LGBT clients in exercising all legal means to build, protect and maintain their families.
We specialize in working with today's families and will assist you and those you love with sensitivity and expertise. Our knowledge of the most current laws and rulings affecting LGBT families in New York State will be brought to bear in representing you, and we will make sure you are aware of any risks or uncertainties.
We can help you:
• prepare a donor agreement that clearly defines the role, if any, a known sperm donor will play in your child's life;
• prepare and complete a second-parent adoption of your partner's biological child;
• prepare and complete a foster adoption or private-placement adoption;
• prepare a cohabitation agreement for you and your partner;
• prepare a health care proxy that entitles your partner to hospital visitation and the right to make medical decisions for you if you become incapacitated;
• prepare a will to secure an inheritance for your loved ones;
• avoid unproductive arguments and damage to your children with separation mediation;
• stay together with relationship mediation.
Lesbian, gay, bisexual, and transgender partners and parents face unique challenges. But there is a lot you can do to secure the future of your family, and Rosenthal Law & Mediation is here to help you.