Frequently Asked Questions: Same-Sex Families
Q:My partner and I are planning on undergoing Reciprocal IVF using my eggs and her uterus to gestate our baby. Are there any special legal considerations for Reciprocal IVF?
Under New Hampshire law, the egg providing partner typically will have no legal parental rights to the child born from reciprocal IVF. It is very important to speak with a reproductive lawyer before you start the IVF process to understand what steps you can take to prevent your legal rights from being inadvertently terminated in this manner, and to protect your future child’s ability to have legal ties to both mothers.
Q:Is a stepparent or second parent adoption necessary now that the federal government recognizes same-sex marriage?
Even though the federal government does now recognize lawful same-sex marriages, other states and countries still don’t have to grant recognition to such marriages. Most couples in New Hampshire will be impacted by the laws of these other places, either through travel, relocation or because they have family, employers or other connections based out-of-state. Thus, an adoption is still an important tool to establish a firm legal bond between parent and child.
Q:Are civil unions and registered domestic partnerships from other states recognized in New Hampshire?
Sometimes. This is a very complicated issue that requires an individualized analysis of your specific circumstances. Please give us a call so that we can help you sort through this complex area of law.
Q:We are New Hampshire residents with a civil union from Vermont. Will the IRS treat us as a married couple for tax purposes?
While the IRS has said that civil unions will not be treated as marriages, they have not yet addressed this question in the context of New Hampshire law, which explicitly provides for the recognition of civil unions as marriages. Hopefully, we will have more guidance from the IRS on this issue soon.
You may also be interested in our FAQs on SPERM DONATION, STEPPARENT ADOPTION and SURROGACY.