LGBTQ+ family law is a relatively new legal practice area that many people are uncertain about, especially in regard to what legal rights and options are available. Levels of protection for gay, lesbian, and queer families can vary across states. Now, more than ever, there are concerns about legal protection for same-sex marriage and rights for LGBTQ+ persons and families. The current conservative supermajority at the U.S. Supreme Court has the ability to overturn the 2003 case Lawrence v. Texas, which made same-sex sexual activity legal across the U.S. and the 2015 case Obergefell v. Hodges, establishing the right for gay couples to marry.
Writing in his concurring opinion overturning Roe v. Wade, Justice Clarence Thomas’ wrote that the court has a duty to “correct the error” and overrule “these demonstrably erroneous decisions” of Lawrence v. Texas and Obergefell v. Hodges. This language is exactly what LGBTQ+ activists and allies had been fearing. Texas Attorney General Ken Paxton has already signaled that he would be willing to defend anti-sodomy laws. Many anti-LGBTQ laws are going into effect. This is an alarming and confusing time for many.
It can be challenging for a layperson to understand which laws apply to LGBTQ+ families in Las Cruces and Albuquerque. Having advice from an attorney who is knowledgeable with these matters is vital when contending with such issues. At Sutherland Law Firm, we are committed to protecting the rights of lesbian and gay families through effective legal representation.
Adoption, custody, wills, and healthcare decisions have historically been more challenging for gay couples and families. According to the Movement Advancement Project, 22% of LGBTQ+ population live in states that allow child welfare agencies to refuse to place or provide services to children and families, including LGBTQ+ people and same-sex couples, if doing so conflicts with their religious beliefs. If and when you have questions about LBGTQ+ family law, it is imperative to talk to someone informed about laws and legal issues related to gay families in your state. If you are located in Albuquerque or Las Cruces we can help you decipher LGBTQ+ family law and rights in New Mexico.
LGBTQ+ Legal Documentation in New Mexico
A family lawyer familiar with same-sex family law can help couples prepare for changes in the law and draft essential legal documents such as:
- Domestic partnership agreements – A domestic partnership agreement describes how a couple will share expenses, income, assets, and liabilities; this document can be particularly useful for unmarried couples.
- Pre- and post-nuptial agreements – Same-sex couples in long-term relationships prior to marriage may have acquired property, assets, and debts together. Since New Mexico is a community property state, those assets and debts will not be considered property of both parties if they divorce or die. To avoid the state determining who receives their property, it is vital that couples draft an agreement to assert how those items will be treated upon death or divorce.
- Co-parenting agreements – An co-parenting agreement lays out how a couple will raise their child/children and what each parent’s rights and obligations are regarding each child while the couple is together as well as in the event that the parents separate.
- Foster-care and Adoptions – New Mexico’s general adoption provisions allow any adult resident of New Mexico to petition for adoption, as long as the person is “approved by the court as a suitable adoptive parent.” However, issues can arise from adopting children out of foster care or private adoption. Equality New Mexico and the Family Equality Council strongly recommend hiring a lawyer with experience in LGBTQ+ family law. There are several types of foster care: regular foster care, specialized foster care, and respite foster care. Similarly, there are many different types of adoption, including joint adoption, second-parent adoption, stepparent adoption, and parental presumption. It is important to have good legal counsel and be familiar with potential roadblocks to foster care and adoption and strategies for overcoming them.
- Surrogacy – Couples and other parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise. Currently, New Mexico does not have a statutory rule on this, and there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement.
- Healthcare directives – Also known as a living will, advance directive, or medical directive, a healthcare directive is a legal document that details your wishes for end-of-life healthcare, and who will make healthcare decisions on your behalf if you are unable to do so.
- Wills – Making a legally binding will allows you to articulate precisely how you would like your assets distributed amongst your family and friends. Having a legally binding will is the only way to make certain your estate will be handled according to your wishes, rather than letting the law decide for you.
- Financial Powers of Attorney – It is important that partners consider giving each other the power to handle personal finances in the event that a partner becomes unable to manage their own finances due to sickness, disability, etc.
Equality New Mexico recommends that you keep copies of these legal forms with you, particularly when traveling out of state. You can keep electronic copies available to you through your phone, email, or in the cloud.
LGBTQ+ Legal Rights in New Mexico
While there have many advancements for LGBTQ+ people over the past few decades, there are still many barriers with LGBTQ+ people encounter with legal issues. Unlike heterosexual adults who can rely on their extended families, many LGBTQ+ people must often turn to their “family of choice” for caregiving needs and support. Without written protections in place, chosen family members will not be legally recognized, and could very easily be questioned or contested by a biological family member. You may know people who have experienced this. At Sutherland Law Firm, we do our utmost to make sure your wishes are respected.
The legal rights of LGBTQ+ families in New Mexico are skillfully handled by our law office. Our office assists couples with family law issues including:
- LGBTQ+ child custody – This concerns custody issues involving children with LGBTQ+ parents and may include legal and physical custody concerns such as child support, visitation, and other related topics.
- LGBTQ+ domestic partnership – A legal document describing the benefits, rights, and responsibilities between LGBTQ+ couples included in the domestic partnerships. Please be aware that not all states recognize same-sex domestic partnerships.
- LGBTQ+ adoption – This entails adoption procedures, challenges, and opportunities for potential and current LGBTQ+ parents.
- LGBTQ+ divorce – Divorce documents include details and legal consequences of the dissolution of a marriage or separation between gay or lesbian couples. Divorce may include custody and property disputes.
- LGBTQ+ domestic violence – This pertains to legal issues regarding harassment or violence in a domestic setting involving LGBTQ+ family members.
Get Assistance with LGBTQ+ Legal Issues
Legal issues relevant to LGBTQ+ couples and families can be complex and convoluted. For people not familiar with the law, legal issues can be overwhelming, particularly when emotions are involved. If you need help understanding how the law pertains to LGBTQ+ families and couples, it is beneficial to receive advice tailored to your specific situation. Our legal experts will help you understand all your options and work towards successful case outcomes.
The law continues to evolve and our team does our utmost to keep our information current. We suggest that you speak with Sutherland Law Firm about your circumstances and options to receive the best and most up-to-date advice.
Do you have questions about gay, lesbian, bisexual, transgender, or queer family law in Albuquerque or Las Cruces, New Mexico?
Call the Sutherland Law Office at 505-293-9333 to speak to our LGBTQ+ family rights lawyer today.