PENNSYLVANIA SAME SEX COUPLE LAWS - GAY & LESBIAN RIGHTS

     Gay or lesbian couples encounter a unique set of legal issues surrounding family law matters that arise frequently. Same sex couple law includes the drafting and entering of cohabitation agreements, the legal dissolution of same-sex relationships including partition of jointly held real estate or other assets, and same sex partner adoptions. Our firm is uniquely versed and experienced in handling the complex legal issues that may arise.

Cohabitation Agreements

     A cohabitation agreement is a form of legal agreement reached between a heterosexual or homosexual (same sex) couple who have chosen to live together (cohabitate) but are not married. It establishes each party's legal rights and responsibilities. For example, the cohabitation agreement may outline each party's responsibilities with respect to financial expenses associated with living with one another. It may also specify each party's responsibly for his or her individual debt. A cohabitation agreement may be entered into as a precaution to protect each party from the cost and stress associated with litigation in the event the partners decide that they no longer wish to live together in the future. These agreements are particularly useful for gay or lesbian couples. A cohabitation agreement allows both parties to regulate their property and designate what will happen to the property in the future. Cohabitation agreements also permit both parties to make arrangements regarding specific assets that they acquired before deciding to live together and/or assets that they anticipate they will acquire during the period of their cohabitation. Perhaps most importantly, cohabitation agreements allow each party to set forth their agreement regarding child related and parenting issues. These agreements are legally binding on both parties regarding financial issues. However, custody of children and their welfare is always subject to review by the court system so that a written agreement regarding custody may be reviewed or changed by the courts if circumstances or the needs of the minor children have changed since the agreement was written.  Our Pennsylvania attorneys are experienced in negotiating and drafting cohabitation agreements to handle these situations and others that may arise.

Legal Dissolution of Same-Sex Relationships

     In order to protect their rights, many same sex couples have jointly titled real property and financial accounts. However, these gay and lesbian couples often can not find adequate support in current Pennsylvania law when they are faced with the dissolution of their relationship and the need to divide this property. Our Pennsylvania law firm is experienced in assisting same-sex couples with this difficult task. One legal option involves the use of partition actions. Partition is the process of dividing jointly owned property, either by permitting one party to purchase the other party's share from the other party or by ordering the sale of the property and dividing the proceeds in proportion to each party's ownership. Under Pennsylvania law, a partition action for jointly held real estate or other assets proceeds on a contract or quasi-contract grounds

Same Sex Partner Adoptions

     Same sex couples can become parents in a variety of ways. For example, they can adopt a child from a third party or one of the partners in the same sex couple can give birth through the usage of a third party sperm or egg donor.

     Even if one partner is the biological parent or egg or sperm donor of the child, the other parent may not have any legal rights regarding that child in the event of the relationship ending either by choice or due to the death of a biological parent. This is true even if both parents have been actively involved in raising the child from its birth, living with the child, or financially supporting the child and the other parent. Same sex couples with children must take additional precautions, such as same sex partner adoptions, to ensure that both parent's rights are legally protected. Under Pennsylvania law, gay and lesbian couples may participate in a second parent adoption. This allows the non-biological parent of the child to become legal parents and establish rights which will be protected by law. In addition to protecting the non-biological parent's rights, adoption also protects the child because it awards the child the opportunity to have health insurance through the non-biological parent and grants the child inheritance rights in the event that the non-biological parent dies without a valid last will and testament.

Custody Actions

     There may be circumstances where the same-sex non-biological parent has not adopted the partner's minor children and the relationship comes to an end.  In this circumstance, Pennsylvania law recognizes the rights of the same sex partner who is not the biological parent of minor children when the non-biological partner resided in the same household with the children and played a significant role in their upbringing. The non-biological parent who has acted as a parent to the minor children by providing emotional and financial support is deemed to stand in loco parentis to the minor children. When a biological parent separates from their same sex partner and the biological parent refuses meaningful contact with the former partner, the former partner has the right to file a Complaint for Custody and seek the legal recognition of the relationship with the minor children. If in loco parentis status is proven, the former partner has the right to seek visitation, partial custody, shared custody, and possibly even primary custody of the minor child if it is not in the best interest of the minor children to be in the care of the biological parent.

     However, the former partner who seeks to establish their rights regarding the minor children of the biological parent must be aware that with the establishment of custody rights may come the obligation of financial support. Pennsylvania law has confirmed that the former partner who has established the in loco parentis status may owe an obligation for child support.

Interested in speaking with a Pennsylvania attorney regarding same sex couple law?

     Our Pennsylvania attorneys have experience in providing legal assistance to gay and lesbian individuals and couples regarding cohabitation agreements, the legal dissolution of same sex relationships, same sex adoptions and other parenting relationships, as well as establishing custody rights of the former partner's minor children. Call our office at (412) 281-9906 or toll free at (866) PA-DIVORCE or click here to schedule an appointment.

Pennsylvania family law cases involving same-sex couples

Jacob v Shultz-Jacob; Shultz-Jacob v Jacob and Frampton: Jacob and Shultz-Jacob are a lesbian couple who have four children (2 were Shultz-Jacob's nephews and two were Shultz-Jacob's biological children conceived with Frampton's sperm). Jacob sought full custody of all four children after the parties separated. The trial court awarded Jacob full legal custody of one of the children while Shultz-Jacob was awarded custody of the other three children (with Frampton being awarded partial physical custody one weekend per month of the two children he fathered). Shultz-Jacob appealed the trial court's ruling. The Superior Court held that although Shultz-Jacob stood in loco parentis, the Court would not overturn the trial court's ruling that it was in the best interest of the child to be placed in the primary physical custody of Jacob. Appellate also appealed from the trial court's support order which held that Frampton (biological father) was not liable for a support obligation because he was not an indispensable party. As to this issue, the Superior Court held that both mothers and the biological father were obligated to provide support to children as they had all been awarded formal rights of custody. The Superior Court overturned the trial court's ruling that Frampton (biological father) was not an indispensable party and remanded the case to the trial court to recalculate each litigant's support obligation to children.

L.S.K. v H.A.N: the parties are a lesbian couple; Mother conceived through artificial insemination via an anonymous sperm donor who relinquished all parental rights to any child Mother might bear. The non-biological mother cared for child during the day. The couple decided to have another child. Non-biological mother was supposed to carry the couple's second child but was unable to. As a result, Mother again conceived through artificial insemination. This time, Mother gave birth to quadruplets. The couple separated when the quadruplets were 4 years old and Mother moved with all five children to California. The parties did not have a parentage agreement or written contract. Non-biological mother attempted to pursue custody rights with regards to the children while asserting that she did not have a legal obligation to pay child support for the children because there was no agreement for her to do so. The Superior Court affirmed that trial court's ruling that non-biological mother stood in loco parentis and was obligated to pay child support for all five of the children. The decision was based on non-biological mother's conduct in deciding to start a family with Mother, actively being involved in the pre-birthing process of all of the children (selecting names, attending childbirth classes, etc.) and being involved in the children's day to day care, schooling, and health needs for over eight years.