 Alternative
Familes
If you are considering using a known sperm donor to conceive your child,
consider having a donor
agreement, see also queer family links for
more resources on alternative families.
California State Domestic Partner Registration
I recommend domestic partner adoptions for people who are registered
as such with the State of California. As of January 1, 2005. AB
205 gives registered California domestic partners most of the rights
and responsibilities of a married couple in the State of California.
There are unresolved questions about how this will interplay with
federal and other states laws. For example, in California there
is
presumption that where a child is born into a marriage, the husband
in the father. Under AB 205, a child born into a domestic partnership
is presumed therefore to be the child of both partners. However,
we are concerned about whether another state will recognize the
parental right of a non-biological same sex parent without a court
order.
Therefore, obtaining such an order, for example through an adoption,
is still recommended.
Of course, we still lack significant federal rights and duties
that inure to the benefit of married people, such as immigration
benefits,
social security benefits, veteran's benefits, estate and gift tax
exemptions, federal employment leave, IRA rollovers, and 401K inheritance.
You should get advice from a family law specialist who is experienced
in queer family law to find out exactly how AB 205 will affect
you financially, and if you should have pre or post nuptial type
of agreements.
AB 205 gives us community property and community debt. We can’t
marry but if we dissolve our domestic partnerships we will have
to file dissolution proceedings with the court, just like a married
couple would.
 Since
we will lose all the protections given to us by AB 205 every time
we leave California (with a few possible exceptions), it is still
important to have documents to protect our family relationships
such as wills, durable powers of attorney, property co-ownership
contracts,
etc. I do not handle these type of documents. Let me know if you
need referrals in this area, but the National Center for Lesbian
Rights can also provide referrals.
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