Khan & Yau, PC Reliable & Responsive New York City Attorneys

same sex divorce/family law matters Archives

In spite of marriage equality, same-sex families still struggle

The United States Supreme Court ruled in 2015 that marriage equality would be the law of the land. In spite of this landmark ruling, there are still pockets of resistance against same-sex families. New York has passed many laws that afford these couples protection, but even here, there are still incidents involving discrimination.

Advocates believe same-sex adoption will be headed to top court

In 2015, the U.S. Supreme Court ruled that marriage equality for same-sex couples would be the law of the land. Since then, there have been small pockets of resistance in a handful states in the form of passing laws that would allow some religious agencies to discriminate against same-sex adoption applications. New York does have laws that provide protections for these couples; however, many advocates believe that the issue will be headed to the top court for a definitive decision.

Steps to consider when facing a same-sex divorce with children

Even though the U.S. Supreme Court has ruled in favor of marriage equality for gay couples, every state does not have uniform laws regarding other aspects of family law. When a New York resident is facing a same-sex divorce with minor children in the home, there are several matters to take into consideration. Taking proactive steps early may preserve one's parenting rights later.

Same-sex couple believes they were wrongly denied adoption chance

For many couples, the dream of becoming parents may only be possible through adoption. Adoptive parents come in all forms, including those families comprised of same-sex couples. Though New York has laws in place that protect the rights of these residents to seek adoption, not every state is proactive.  

Upcoming census may mean more protections for same-sex families

Every 10 years, the federal government conducts an in-depth review of the composition of its current residents. In the past, it did not include any specific questions directed toward gathering more information for same-sex families. However, the upcoming census will have questions that may provide New York and all other states with more detailed information regarding the numbers and needs of same-sex households.

Supreme Court in another state affirms same-sex parentage rights

The U.S. Supreme Court decision in 2015 that recognized marriage equality for gay and lesbian couples did not address every family law issue. Recently, the Supreme Court in another state has followed similar rulings in New York that have affirmed the parental rights of same-sex residents. The most recent case addressed the questionable rights of anonymous sperm donors.

Some adoption agencies refusing same-sex adoption candidates

The decision to adopt is never one that is entered into without much thought and preparation. No matter whether the potential parents are in a heterosexual or same-sex relationship, the end goal is to provide a child in need with a loving and nurturing family. Though New York has its own laws regarding same-sex adoption, there are still agencies that oppose these parents.

Calls for changes in immigration law and same-sex families

The State department has been accused of being slow to respond to the changes in the marriage laws that gave legal recognition to gay and lesbian couples. According to those committed to reforming the immigration laws regarding same-sex families, the federal agency has refused to adapt some of its laws regarding how citizenship is conferred to children born abroad. There are likely many New York residents who have struggled to obtain coveted documents due to outdated regulations.

Update: U.S. Supreme Court refuses same-sex paternity case

In January of this year, it was reported in this blog that a woman had petitioned the U.S. Supreme Court to consider the case of paternity rights for a divorced gay couple. The justices recently announced that they were declining to hear this case, though they did not provide any additional comments as to why it was refused. Though New York has laws regarding paternity rights in matters relating to artificial insemination as well as same-sex marriages, the decision may be seen as a victory for gay and state rights.

Same-sex estate plans often require more attention to detail

Even though the 2015 Supreme Court ruling was a landmark event concerning gay marriage, it has not solved all of the issues that may crop up. When it comes to estate planning, many same-sex couples may mistakenly believe that such planning will be similar what opposite sex couples face. Unfortunately, even though New York has many protections, it may be beneficial to ensure that there are as many documents prepared as possible.