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NYS Bar Association Same-Sex Couples Recognition Report 2004

NYS Bar Association Same-Sex Couples Recognition Report 2004

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Publicado porPaul Schindler

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Published by: Paul Schindler on May 17, 2011
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11/28/2012

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Gay and lesbian couples are increasingly becoming parents,168

adding

another contour to the landscape of rights and responsibilities that are affected by current

marriage laws. The Committee received testimony from several attorneys who provide

legal services to same-sex couples.169

These practitioners stated that, although same-sex

couples can take some measures legally to include children in their familial

arrangements, or to provide legal protection for the bonds between children and their

parents’ same-sex partners, some rights and protections are inaccessible, or significantly

more burdensome to procure.

165

I.R.C. § 6013 (2003).

166

Cohen, supra note 162, at 1317-20.

167

Id. A control premium is the added value that a block of shares has when that block is large

enough to control the corporation.

168

See, e.g., Ginia Bellafante, Two Fathers, with One Happy to Stay at Home, N.Y. TIMES, Jan. 12
2004, at A1 available at http://www.nytimes.com/2004/01/12/ national/12DADS.html?hp (noting 2000
census found that about one-third of all female-couple households, and about one-fifth of all male-couple
households, had children); ABA Annual Meeting Provides Forum for Family Law Experts, 13 FAM. L. REP.
(BNA) 1512, 1513 (Aug. 25, 1987) (estimating that, at the time, approximately six million children
nationwide had at least one lesbian or gay parent). But see Timothy J. Dailey, State of the States: Update
on Homosexual Adoption in the U.S.,
Family Research Council, available at http://www.frc.org/
?i=IS02D2 (last viewed Jan. 30, 2004) (disputing published estimates of the number of American children
in households headed by a lesbian or gay parent, and positing that the actual number is significantly less
than one million children). The actual number of households headed by gay men and lesbians is difficult, if
not impossible, to assess. As such, these numbers must be considered estimates. For further discussion of
the number of households headed by gay men and lesbians, see supra Section I, notes 3-12 and
accompanying text.

169

Commentary provided by three practitioners, Erica Bell, Esq.; Carol Buell, Esq.; Judith Turkel,
Esq., to the NYSBA Special Committee on December 15, 2003 and February 11, 2004.

44

In the absence of marriage or a legal equivalent, same-sex couples often

must institute multiple legal actions and enter private contractual arrangements to obtain

desired legal protections, if indeed they can be obtained at all through such methods.

Further, the cost of retaining attorneys to create these documents may make such

protections inaccessible to many same-sex couples.170

The remainder of this section will

focus on three areas: The duty to support the children of one’s spouse for the duration of

the marriage; the ability jointly to adopt a child not related to either spouse; and

recognition of the spouse of an artificially inseminated woman as the natural parent of

any child so conceived.

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