Articles Tagged with “same sex partner”

1392509_rainbow_flag.jpgColombia’s highest court issued a ruling yesterday granting same-sex couples the right to marry. This holding follows the court’s landmark decision in 2015 to extend adoption rights to same-sex couples. The South American country has long been engaged in the fight for marriage equality. Although same-sex couples were permitted to enter into civil unions and receive the same benefits as married heterosexual couples (such as health insurance, social security, and inheritance), they were denied the right to wed. In 2011, the same court held that same-sex couples could register their relationship if lawmakers failed to pass a bill in two years creating a marriage designation for same-sex unions. Colombia’s congress thwarted this order, and the deadline passed in 2013. As a result of the lawmakers’ failure to act, some courts and public notaries began to register the civil unions as marriages, while others did not. A dispute ensued, giving rise to yesterday’s decision.

Colombia now joins Argentina, Brazil, and Uruguay in legalizing same-sex marriage. Chile is also paving the way for marriage rights in Latin America. The nation instituted a law permitting same-sex couples to enter into civil unions in October 2015. Stay tuned to our blog for exciting developments in this area of the law!

The attorneys of Harden Jackson Law are devoted to servicing clients in all areas of family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy, and other areas of reproductive law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.

Thumbnail image for heart break.jpgThe Indiana Court of Appeals upheld a lower court’s decision not to enforce an agreement between Mother and her Partner, who did not give birth to Child, that Partner would be Child’s custodial parent.

During the course of their same-sex domestic partnership, N.J. (Mother) and A.C. (Partner) decided to have a child together. Mother was artificially inseminated with donor semen and gave birth to C.J. (Child), and for a time, Mother, Partner, and Child functioned as a family unit. After Child’s birth, Mother, Partner, and Child lived together as a family unit for over two years, with the exception of an approximately two-month period shortly after Child’s birth when Partner moved out due to difficulties in her relationship with Mother. During the time they all lived together, Mother was Child’s primary caregiver and did not consistently work outside the home. Partner worked and provided financial support for the family for the majority of this time.

When Child was two years old, Mother and Partner ended their relationship. Thereafter, Partner exercised regular visitation with Child for several months, until Mother stopped all contact between Partner and Child. Partner then filed a petition seeking joint custody and visitation, which the trial court denied. After Child’s birth, Mother, Partner, and Child lived together as a family unit for over two years, with the exception of an approximately two-month period shortly after Child’s birth when Partner moved out due to difficulties in her relationship with Mother. During the time they all lived together, Mother was Child’s primary caregiver and did not consistently work outside the home. Partner worked and provided financial support for the family for the majority of this time.

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