Determining A Legal Safety Net To Protect Families With Same Sex Partners

Wisconsin families cannot wait to learn what rights to marriage, adoption, and reproductive rights the Courts and our legislatures will choose to amend or revoke. The U S congress and state legislatures were forced to recognize same sex marriage by the Obergelfell v. Hodges decision of the Supreme Court. That decision can be over turned by the current conservative majority on the Court. Therefore it is imperative that couples desiring to use IVF to build their families as well as same sex couples that want to protect their current married state and families.

The principles of probate law can be used to establish a safety net for married persons as well as their children. Medical Powers of Attorney, General Durable Powers of Attorney, and a Revocable Living Trust may be utilized to provide spouses with standing to act on behalf of each other. If there are minor children of one or both spouses, a guardianship designation in the Trust is utilized in case of the death of the legally recognized parent.

Children born to or adopted by one parent can be protected within the family by providing a specially drafted parenting agreement between the birth or adoptee parent and the other parent. This agreement can serve a similar purpose as a marital prenuptual agreement. therefore a parenting agreement and powers of attorney can be useful legal tools to accomplish the recognition of joint parenting rights and responsibilities.

Same sex spouses should review the needs of their family with an attorney who is sensitive to their special circumstances and knowledgeable of this innovative approach to life and estate planning. Our Offices specialize in providing this service.