Maine Law for the Lesbian, Gay, Bisexual, and Transgender Community
Family Law
The Importance of Parenting Agreements
May 10th
Imagine this situation: you and your partner have a child together. You are not the biological parent, and you never adopted the child because it wasn’t legal when your child was born and you never thought that you and your partner would separate. Then, something happens, and your partner forces you to leave the home and will not let you see your child. The police will not intervene because it is a “family matter,” and your child’s school and doctor will not talk to you without a court order. You are forced to go to court and have a Judge decide whether or not you are a parent of the child that you raised with your ex-partner for your child’s entire lifetime. If you do not have a lawyer, you will have to hire one or figure out how to call witnesses, present evidence, and conduct a hearing on your own, without help.
This situation does happen in Maine, but it can be avoided. The best thing that you can do to protect your rights as a parent is to adopt your child jointly with your partner. Not all states recognize same-sex adoptions. To protect yourself if you cannot adopt or if you may travel somewhere where your adoption will not be recognized, you should consult an attorney about writing up an agreement when your child is born. That agreement, called a “parenting agreement” or a “co-parenting agreement,” sets out each parent’s status and intent to raise a child together. It can also include provisions to protect you if you and your partner separate.
A co-parenting agreement can help you and your child’s other parent separate while making sure that each of you has a role to play in your child’s life. You can also use a properly executed parenting agreement as evidence in a family law case. A co-parenting agreement is a private agreement that could possibly keep you from having to enter the court system at all, and affords you protections if you do. Every same-sex couple with children should create one.
Second Parent Adoption
Apr 30th
Same-sex couples with families face unique issues when planning for their families. In Maine, second parent adoption is one way to help protect your family unit. A local family struggled for years to be able to have second parent adoptions for same sex couples recognized. The love, time, and energy that these women poured into care for their family resulted in their being able to finally have their family unit recognized. (http://www.glad.org/uploads/docs/newsletters/glad-winter-briefs-2008.pdf) Because of their dedication and struggle now other families in Maine have the right and ability to have second parent adoptions.
Some same-sex couples who create a new family together or who have a child enter into their lives do not pursue adoption through the Probate Court. That family does not have the same protections that they would if the second parent had adopted the child or children. Those families have limited legal protection for both parents if that family unit splits at some future point. Having the second parent adoption in place would create less ambiguity and less legal trouble later on.
Not every state has second parent adoption. Nor do all states recognize second parent adoptions, even if they were valid where the adoption occurred. Consulting with an attorney who practices in the area of family protection for members of the community is crucial to know what your options are and what you should do to protect your family and your children.
Why it matters to hire an attorney with knowledge of LGBT law
Apr 20th
If you are someone who is a member of the LGBTQI community who needs to consult with a lawyer, you should consider looking for someone who has a practice that handles a lot of LGBTQI issues or who has a lot of LGBTQI clients. Many legal issues that LGBTQI individuals face are matters that generally only affect individuals who do not have legally recognized relationships or are issues that only affect transgender individuals. Many of these individuals also face discrimination. Even if your situation is one that is not related to your sexual orientation or gender identity, it is often more comfortable to have a lawyer who is familiar with your life experience and relationship status, without extensive explanations.
In estate planning matters, the lack of legal recognition for same-sex relationships often means that attorneys must use different means to protect client’s assets or interests than for other individuals. Wills or powers of attorney sometimes require specialized language to protect assets or the interests of a surviving partner. Individuals in same-sex relationships often face tax issues, gift transfer matters, or other problems that married couples do not.
Same-sex couples also face unique situations in family law. An attorney with experience in this matters can advise you on how to protect yourself in a new relationship, or how to dissolve a relationship while protecting your rights regarding children or property. Even experienced family law attorneys without experience or knowledge of LGBTQI matters sometimes advice clients that there is nothing that can be done because of the law. Attorneys with experience in these areas know what can be done, and often use creative approaches that can resolve your legal issues. These attorneys also know how or if a marriage, civil union, domestic partnership, or adoption performed in another state or country will be recognized in the state where the attorney practices.
Finally, transgender or non-gender-conforming individuals face a host of legal issues that other people do not. These individuals often need to change gender markers on identity documents and often change their names. It is imperative that these individuals are represented by a lawyer who, not only knows what special procedures they must follow, but also treats clients respectfully and compassionately and uses the correct name and pronouns.
Members of the LGBTQI community are often treated differently by the law. In hiring a lawyer, they should make sure that the lawyer they hire is aware of the differences and has the knowledge and experience with these differences to represent them effectively.