As we enter into the new year and a new presidential administration, it is important for LGBT individuals to prepare for potential legal and regulatory shifts. Being proactive in ensuring you have a sound plan to achieve your goals is key, especially when it comes to your estate planning, family building, and other needs.
In her latest blog, KingSpry’s Adoption and ART Practice Chair and Family Law Attorney, Dorota Gasienica-Kozak, Esq., addresses general steps for legal preparedness to assist individuals in maintaining and achieving their goals in the new year.
Estate Planning
An estate plan is an essential part of ensuring your life and post-life goals are achieved. Not only does an estate plan ensure that your assets get to the people you choose, but it can address intricacies related to real estate, banking, contracts, tax implications, and more.
When it comes to naming your beneficiaries, personal representatives, agents, and other key players, we recommend that you:
Review, Align and Address any frozen gametes in your estate plan and clinic designation.
Avoid Gender-Specific Terms. Rather than referring to designees as your “daughter” or “grandson,” we recommend referring to them as your “child” or “grandchild.” The same applies to pronouns, such as “he” or “she.” Using “they” or “them” is recommended to ensure that your intent is clear, should a designee’s gender or pronoun preferences change.
Adequately Describe Your Children. It is important to ensure that your existing and future children are adequately described. In some cases, generic language and definitions are not sufficient for stepchildren and adopted children.
Ensure that you have successors named in your documents and beneficiaries are specifically listed on any assets with a beneficiary designation. Rather than referring to designees or agents as your “spouse” or “child,” we recommend specifically naming them via their full legal name and relation to you (i.e., “John Allan Doe, my spouse”).
If you are interested in preparing, revisiting, or reviewing your estate plan to ensure that you have the necessary documents in order, KingSpry’s Estate Planning & Administration Team is prepared to assist you.
Family Building
Deciding to start a family is one of the biggest choices individuals make in their life. Whether you plan to adopt or utilize assisted reproductive technologies (ART), it is important to consider and kept abreast of legal implications and intricacies.
Fertility
A common concern for LGBT individuals pertains to fertility and access to ART. Whether you have questions regarding in vitro fertilization (IVF) or the storage of genetic material, it is recommended that you contact a fertility or ART lawyer to assist you in understanding your legal rights.
Individuals who have or intend to cryopreserve sperm, eggs, or embryos are encouraged to review clinic forms and consult with their legal counsel to ensure that their genetic materials are handled accordingly in the event of death or separation.
Additionally, if you are planning to relocate in the new year or the future, it is important to know whether your state places regulations on the relocation of cryopreserved genetic materials.
Adoption & Parentage
Parentage is an important legal consideration when it comes to designating the parent(s) of a child. While this often pertains to adoption matters, individuals who build their family through ART should also ensure that they have the necessary legal documents to protect their parentage rights. A birth certificate is only an administrative order and does not ensure your rights, so an adoption is encouraged to provide you with full protection under the law.
If you have questions regarding adoption and ART, KingSpry’s Adoption and ART Team is prepared to assist you.
Marriage
Another LGBT concern is the future of their marital status. It is important to note that once a marriage is valid, it is unlikely to change that status, even if there is a change in the law. However, if you are not yet legally married and considering getting married to ensure certain rights, it is recommended that you meet with legal counsel to review those rights and responsibilities that come automatically with marriage.
Understanding the legal importance of marriage and how changes in marriage equality may be impacted is essential, as it may impact your assets, business interests, debts, and estate planning. If you have questions regarding your current or future marital arrangements, KingSpry’s Family Law Team is prepared to assist you.
If you are seeking legal advice as it pertains to any of the above-discussed topics, KingSpry’s highly experienced attorneys are prepared to assist you in various legal matters, including Adoption & ART Law, Affordable Housing Law, Business Law, Education Law, Employment Law, Estate Planning & Administration Law, Family Law, Real Estate Law, and more.
This article is meant to be informational and does not constitute legal advice.
