We know these blogs often lead with some humor and have some jabs here and there, but we also understand this has been a tough time for many Americans. The Supreme Court recently struck down Roe v. Wade, ending nearly 50 years of precedent originally set by the court.
The main focus in the aftermath of the decision has been on abortion rights. This is justifiable and understandable, but there are ripple effects that may go far beyond what’s at the forefront of these conversations. There are levels to the impact this decision will have both immediate and long-term on same-sex couples.
Establishing Parentage
One of the immediate impacts of this ruling is how it impacts the parenting rights of same-sex couples. This particularly exposes parents who decided to have a child or children outside of an assisted reproduction clinic, but partners that have used in vitro fertilization (IVF) or Intrauterine insemination (IUI) for the birth of their child are also in danger of their partner (or even the partner’s family, should the unexpected occur) claiming the non-biological parent does not have any legal standing to the child.
This abusive practice could cost some parents all of the rights and duties granted to parents, including visitation. This means same-sex parents need to ensure that their parental rights are secure and their children are protected from such claims. The best way to do this is to go through a legal second-parent adoption. This will establish the parental rights of both parents and prevent any such claims in the future and will protect both parents upon the death of a spouse. We can help you with this process, so if you need to legally adopt your child give us a call. We can also offer estate planning to help ensure all of our client’s are prepared in the case of their death or incapacitation.
Overturning Other Precedents
Within the lengthy text of the decision, Justice Clarence Thomas says the court “should consider” other precedents previously set – including Obergefell v. Hodges which established the right to marriage for same-sex couples across the United States, and Lawrence v. Texas which prevented laws that violated same-sex couples right to privacy and consensual sex. Justice Thomas’s statement lead me believe that it’s only a matter of time before the courts go after these decisions, no matter what reassurances are being given from the Court right now.
On both fronts, same-sex couples need to consider what home life, finances, parentage, and other issues will look down the line. You may share each other’s insurance because you’re married which may be disallowed in the future if your marriage is no longer legal.
Another risk if Obergefell v. Hodges is overturned stems from a potential separation in the future. Texas is a community property state which means any items acquired during your marriage are considered the property of both spouses. If your marriage is no longer “active” then the window of your marriage becomes murky. If there are disputes over property and you need to go to the courts to secure assets this may impact who gets what.
Contact Attorney Dawn King
The best time to take steps to protect yourself and your family is today. You should immediately get on the line with Attorney Dawn King who can walk you through what this decision means for you and your family legally and help you complete a second-parent adoption and obtain the estate planning needed to protect your family. Contact us today.