Reisinger Booth & Associates, P.C., L.L.O.

Going from adoptive parent and child to a gay married couple

Now that same-sex marriage is legal across the entire United States, many gay couples are experiencing a new problem. Before it was legal for same-sex couples to marry, gay and lesbian couples found a different way to become a family. Believe it or not, they turned to adoption; specifically, the older member of the couple would legally adopt the younger party.

This unusual measure provided certain benefits to same-sex couples including shared health insurance. It also gave couples family rights to one another. For example, if one party was hospitalized, the other party could potentially make health care decisions and enjoy access to his or her partner. Adopting also made it easier to make decisions if one partner passed away.

Adopting a same-sex partner is not a rare occurrence according to a law professor with the American University. The professor stated that while the actual number of such cases is difficult to track accurately, it has been a practice among same-sex partners for years.

Unfortunately, now that same-sex marriage is legal, many gay couples face a new challenge. It seems that in some states, a parent can face criminal charges if they marry an adopted child. However, there is some good news for same-sex couples facing this dilemma. The American University law professor says that it is relatively easy to have the adoption annulled, freeing up the couple to get married.

To those in the state of Nebraska who want to annul an adoption and get married, the best course of action is to consult with a family law attorney ahead of time. A lawyer can facilitate the annulment, allowing you and your partner to embark on the road to a new legal relationship.

Source:, "On Paper As Parent And Child, Gay Couples Annul Adoptions To Marry," Laura Benshoff, Dec. 25, 2015

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Reisinger Booth & Associates, P.C., L.L.O.

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