Gay marriage

Published on: October 5, 2022

The presumption that a child born to a marriage is the legitimate child of both parents applies equally to a non-biological parent in a same-sex marriage, Wendy G-M. v. Erin G-M., 985 N.Y.S.2d 845 (N.Y. Sup. Ct. 2014)

by Stephen Bilkis

In New York there is a presumption that a child born to a marriage is the legitimate child of both parents. The issue before the Supreme Court of New York, Wendy G-M. v. Erin G-M is whether his same presumption also applies to both parties in a same-sex marriage.

Background

Plaintiff Wendy G-M. and her spouse, Defendant Erin G-M. were married. They were legally married in Connecticut before New York enacted the Marriage Equality Act. Wendy and Erin agreed to have a child together and agreed that the birth mother would undergo artificial insemination. Wendy and Erin also agreed that both the birth mother and the spouse would be the mothers of any child born from the procedure. A child was born to Wendy, who was the birth mother, and the birth certificate listed both Wendy and Erin as the parents. Soon afterward, however, Wendy and Erin separated. Wendy filed for divorce in December 2013, less than then three months after the birth of the child. Wendy would not permit Erin to visit with the child. Erin then filed a request with the Supreme Court of New York for access to the child, maintenance, and attorney fees. In opposition, Wendy argued that Erin was not a legal mother of the child.

Published on: January 3, 2022

New York recognizes the same-sex of marriage validly entered into outside of New York. Beth R. v. Donna M., 853 N.Y.S.2d 501 (2008)

by Stephen Bilkis

At the time that this case was decided, New York did not recognize same sex marriage. The law changed on June 24, 2011. Before that time, it was common for same sex couples to get married outside of New York in jurisdictions that did recognize same sex marriage. Just like with any marriage, when same sex relationships dissolved, legal questions related to child custody and child support had to be resolved. In Beth R. v. Donna M., the Supreme Court of New York was asked to determine whether New York recognizes same sex marriages validity entered into outside of New York and what the rights and obligations are of the parties regarding child custody and child support.

Background

Plaintiff Beth R. and Defendant Donna M., both residents of New York, met in 1999 and soon thereafter entered into an intimate relationship. The moved in together in 2002. In 2003, Donna became pregnant through artificial insemination.

Published on: June 13, 2011

Bill Reintroduced to Congress: Same-Sex Couples to Sponsor Foreign Partners

by Stephen Bilkis

About two months ago, the Obama Administration announced that it would not defend the Defense of Marriage Act, the controversial act that restricts federal benefits for heterosexual couples. Since that announcement, Immigration Equality, a nonprofit based in Washington and New York that advocates in favor of gay immigrants, announced its plans to challenge the immigration law affecting same-sex couples.

As a New York Family Lawyer relates, gay couples face a conundrum when one of the two is a foreign national. They have to make hard decisions. Either the immigrant partner has to live in the shadows of America, hiding and becoming paranoid, or both have to move to a more accommodating country. The decision to leave your country of birth is a monumental leap, and some wonder why it should even have to be considered.

A NYC Family Lawyer shares that under current legislation, heterosexual couples can sponsor their spouse for visas or green cards. Recently, however, U.S. lawmakers reintroduced a bill that will allow gay Americans to do the same with their same-sex partners. The Uniting American Families Act was introduced in both the House and the Senate, and has the largest number of supporters it’s had since 2000 when it was introduced. While the bill has remained stagnant for the last decade, now there are 98 cosponsors of the bill in the House and 18 in the Senate. If passed, UAFA will allow Americans to sponsor their gay “permanent partner,” who is defined as someone who has the intention of maintaining a lifelong intimate relationship with his or her partner. Same sex marriage is on the agenda in counties like Brooklyn and The Bronx.

Published on: June 7, 2011

Same-Sex Married Couples Present Tax Complications

by Stephen Bilkis

Most people can just visit a tax consultant or fire up a computer to easily figure out their taxes. Married same-sex couples in California don’t have it quite that easy. Such marriages aren’t recognized by the federal government, which makes legal issues regarding them murky, to stay the least.

“So many people don’t know what the new federal tax requirements are and they affect 2010,” a tax attorney stated.

The tax attorney noted that, for the first time, registered same-sex couples in California must have a combined income on federal tax returns. This means if one partner makes $25,000 and the other $45,000, for a total of $70,000, they each have to file as if they made $35,000. The federal government does not recognize their marriage, so they have to each file $35,000 on separate federal returns.