Gay and Lesbian Family Law

Effective January 1, 2008, New Hampshire recognized the civil union of same-sex couples. For state law purposes, the rights, obligations and responsibilities of married and civil union spouses are now the same.

"Federal law does not recognize New Hampshire civil unions. This limitation must be taken into account when making health care, retirement and tax decisions."

So what does this mean in practical terms? Three important changes are highlighted below.

Adoption and Parenting for Gay and Lesbian Couples

Under the civil union law, spouses can jointly adopt a child or adopt eachother's children (assuming parental rights of other natural parent have been terminated). Civil union spouses are also both presumed to be the parents of a child born during the civil union. 

In either circumstance, the role of legal "parent" brings with it the right of care, custody and control of the child. Civil union spouses can make joint medical, educational and financial decisions for the child.

Civil union spouses are both required to provide financial support to the child.

Civil Union Dissolution in Gay and Lesbian Marriages

All of the issues which are raised in a divorce are now equally relevant in a civil union dissolution.

All property, whether individually or jointly owned, becomes part of the civil union estate and is equitably divided. Alimony may be awarded on the basis of need and ability to pay. Child custody and visitation are determined by the best interests of the child. Child support can be awarded.

While brevity prevents a comprehensive list of the issues addressed in the dissolution decree, it is obvious that the application of divorce principles to dissolution cases radically changes each party's respective rights and obligations.

Estate Planning Considerations for Gay and Lesbian Couples

Of particular note to gay and lesbian couples should be how the civil union law affects estate planning.

Civil union partners are now considered "spouses." Children of the civil union are now treated no differently than natural born children. These changes in status bring with them specific legal rights which should be considered when estate planning is undertaken.