PENNSYLVANIA SAME SEX COUPLE LAWS - GAY & LESBIAN RIGHTS
Gay or lesbian couples encounter a unique set of legal issues surrounding family law matters that arise frequently. Same sex couple law includes the drafting and entering of cohabitation agreements, the legal dissolution of same-sex relationships including partition of jointly held real estate or other assets and same sex partner adoptions. Other legal issues that may arise for gay, lesbian, bi-sexual and transgendered couples (GLBT) couples involve issues concerning health insurance, power of attorney documents, advanced medical directives for health care and estate planning issues. Our firm is versed and experienced in handling the complex legal issues that may arise.
Domestic Partnership Agreements - Cohabitation Agreements
A Domestic Partnership Agreement, also known as a Cohabitation Agreement, is a form of legal agreement reached between a heterosexual or homosexual couple who have chosen to live together (cohabitate) but are not married. It establishes each party's legal rights and responsibilities. For example, the domestic partnership agreement may outline each party's responsibilities with respect to financial expenses associated with living with one another. It may also specify each party's responsibility for his or her individual debt. A cohabitation agreement may be entered into as a precaution to protect each party from the cost and stress associated with litigation in the event the partners decide that they no longer wish to live together in the future. These agreements are particularly useful for gay or lesbian couples. A domestic partnership agreement allows both parties to regulate their property and designate what will happen to the property in the future. Cohabitation agreements also permit both parties to make arrangements regarding specific assets that they acquired before deciding to live together and/or assets that they anticipate they will acquire during the period of their cohabitation. Perhaps most importantly, domestic partnership agreements allow each party to set forth their agreement regarding child related and parenting issues. These agreements are legally binding on both parties regarding financial issues. However, custody of children and their welfare is always subject to review by the court system so that a written agreement regarding custody may be reviewed or changed by the courts if circumstances or the needs of the minor children have changed since the agreement was written. Our Pennsylvania attorneys are experienced in negotiating and drafting cohabitation agreements to handle these situations and others that may arise.
Legal Dissolution of Same-Sex Relationships
In order to protect their rights, many same sex couples have jointly titled real property and financial accounts. However, these gay and lesbian couples often can not find adequate support in current Pennsylvania law when they are faced with the dissolution of their relationship and the need to divide this property. Our Pennsylvania law firm is experienced in assisting same-sex couples with this difficult task. One legal option involves the use of partition actions. Partition is the process of dividing jointly owned property, either by permitting one party to purchase the other party's share from the other party or by ordering the sale of the property and dividing the proceeds in proportion to each party's ownership. Under Pennsylvania law, a partition action for jointly held real estate or other assets proceeds on a contract or quasi-contract grounds.
Same Sex Partner Adoptions
Same sex couples can become parents in a variety of ways. For example, they can adopt a child from a third party or one of the partners in the same sex couple can give birth through the use of assisted reproduction including utilizing a third party sperm or egg donor.
Even if one partner is the biological parent or egg or sperm donor of the child, the other parent may not have any legal rights regarding that child in the event of the relationship ending either by choice or due to the death of a biological parent. This is true even if both parents have been actively involved in raising the child from its birth, living with the child, or financially supporting the child and the other parent. Same sex couples with children must take additional precautions, such as same sex partner adoptions, to ensure that both parent's rights are legally protected. Under Pennsylvania law, gay and lesbian couples may participate in a second parent adoption. This allows the non-biological parent of the child to become a legal parent and establish rights which will be protected by law. In addition to protecting the non-biological parent's rights, adoption also protects the child because it awards the child the opportunity to have health insurance through the non-biological parent and grants the child inheritance rights in the event that the non-biological parent dies without a valid last will and testament.
Child Custody Actions For Same Sex Couples
There may be circumstances where the same-sex non-biological parent has not adopted the partner's minor children and the relationship comes to an end. In this circumstance, Pennsylvania law recognizes the rights of the same sex partner who is not the biological parent of minor children when the non-biological partner resided in the same household with the children and played a significant role in their upbringing. The non-biological parent who has acted as a parent to the minor children by providing emotional and financial support is deemed to stand in loco parentis to the minor children. When a biological parent separates from their same sex partner and the biological parent refuses meaningful contact with the former partner, the former partner has the right to file a Complaint for Custody and seek the legal recognition of the relationship with the minor children. If in loco parentis status is proven, the former partner has the right to seek visitation, partial custody, shared custody, and possibly even primary custody of the minor child if it is not in the best interest of the minor children to be in the care of the biological parent.
However, the former partner who seeks to establish their rights regarding the minor children of the biological parent must be aware that with the establishment of custody rights may come the obligation of financial support. Pennsylvania law has confirmed that the former partner who has established the in loco parentis status may owe an obligation for child support.
Other Legal Issues involving Same Sex Couples
In addition to the family law issues listed above regarding same-sex couples, lesbian, gay, bi-sexual and transgendered (LGBT) couples have other unique legal needs. Often these couples face problems involving the right to make medical and financial decisions for their partner if their partner becomes incapacitated due to illness or injury. Sometimes medical facilities even attempt to deny access to the non-hospitalized partner. Furthermore, same-sex, bi-sexual and transgendered couples can also encounter legal hurdles when dealing with inheritance and estate planning issues. While there may be some relief for private retirement plans and life insurance policies if the partner is named as the beneficiary, the Social Security Administration does not grant disability or death benefits to same-sex partners. Another common legal hurdle involves federal, state and gift tax planning issues. Under the federal Defense of Marriage Act, same-sex couples may be prohibited from filing their federal tax returns under the "married" filing status. If the couple are parents of minor children, at least one partner can file under the "head of household" designation or both partners can do so if there are two or more children. Another tax issue comes about when property or other assets are jointly titled or gifted to a partner as a federal gift tax return may be required for gifts totaling in excess of $12,000 per year. Finally, many of these couples may have problems when dealing with the medical insurance rights of the non-employee partner. If medical insurance is provided to the non-employee partner, the payments made by the employer may be considered additional income for federal tax purposes. Our Pittsburgh lawyers are experienced in assisting Pennsylvania's modern families with these unique legal issues.
Interested in speaking with a Pennsylvania attorney regarding same sex couple law?
Our Pennsylvania attorneys have extensive experience in providing legal assistance to gay and lesbian individuals and couples regarding cohabitation agreements, the legal dissolution of same sex relationships, same sex partner adoptions and other parenting relationships, as well as establishing custody rights of the former partner's minor children. Call our office at (412) 281-9906 or toll free at (855) PA-FAMILY (855-723-2645) or click here to schedule an appointment. Our Pittsburgh office is open Monday through Friday from 8:00 a.m. - 5:00 p.m. and evenings by appointment.
Appointments are also available in Cranberry Township, Robinson Township, Mt. Lebanon (near South Hills Village) and Pleasant Hills (near Century III Mall). Ask the secretary scheduling your appointment for details including appointment locations.
Our PA family law office routinely accepts cases in Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. We accept cases in other Western PA counties such as Armstrong County, Erie County, Fayette County, Greene County, Lawrence County, Mercer County, Somerset County and Venango County on a case-by-case basis.
Click here to read notable Pennsylvania same sex family law cases.
Interested in learning about Florida's LGBT issues & domestic partnership agreements in Florida? Click here.
