Parenting Agreements for Same-Sex Marriages

In a New York Law Journal article, Abby Tolchinsky and Ellie Wertheim discuss how creative parenting agreements are needed for same-sex couples.  The article discusses how even with the Marriage Equality Act passed in June 2011 in New York, the Defense of Marriage Act (DOMA) provides that other states do not have an obligation to recognize a valid gay marriage nor the rights or claims from such marriage.   For same-sex couples negotiating parenting agreements in mediation, the legal analysis tends to be split into two prongs: (1) where there is an unknown donor, the non-biological parent must proceed with a second-parent adoption; and (2) where there is a known donor and he or she either surrenders parental rights in a negotiated donor agreement or all three parties (the gay couple and the donor) create an agreement that encompasses each party's parenting role and financial responsibilities to the child.  Mediators must stay abreast of the law and remain open to flexible and individualized solutions in order to facilitate informed decision-making and assist same-sex couples in achieving their best results.

See Abby Tolchinsky and Ellie Wertheim, "Creative Parenting Agreements Still Needed With Same-Sex Marriage," Law.com, August 29, 2011.

Posted by William Alan Nelson II, Associate Editor, Wealth Strategies Journal