By Jaime S. Dursht, Partner
Connecticut has recognized same-sex marriage since 2008 and very recently broadened protections for children regardless of the marital status, gender or sexual orientation of their parents. The Connecticut Parentage Act (CPA), passed in 2021, expanded the ways to establish an individual’s status as legal parent to a child. Consequently, more children are provided the rights and protections that had been limited to children of biological, adopted and/or married parents such as insurance coverage benefits and inheritance rights.
LGBTQIA+ Custody:
Connecticut Parentage Act and the Acknowledgement of Parenting
For all families undergoing the divorce process, an initial step is to determine legal custody (the right to make a major decision concerning a child) and parenting arrangements such as the residential physical schedule with a parent. Connecticut statutes provide for parental rights and obligations as to both custody and financial support applicable to and enforceable by legally recognized parents.
Prior to the CPA, establishing parentage was accomplished by giving birth; legal adoption; court adjudication; marital presumption; surrogacy agreement; and genetic connection. The CPA allows for a voluntary acknowledgement of parentage by executing a form from the Connecticut Department of Public Health called an Acknowledgement of Parentage which is the equivalent of a court judgment of parentage.
Additionally, the CPA outlines different types of parents a child can have depending on the situation: an intended parent; a presumed parent; and a de facto parent. An intended parent is one intended to be a parent through assistive technology; a presumed parent is one married to the birth parent; and a de facto parent is one who functions as a parent to a child for a significant period of time and has formed a parent-child relationship with the child.
Once parentage is established, the Connecticut statutory criteria can be applied with respect to determining parenting plans in accordance with best interests of the child and with respect to the calculation and enforcement of child support and education support orders.
LGBTQAI+ Financial Issues:
Alimony, Child Support and Division of the Marital Estate
Connecticut law treats LGBTQAI+ divorce the same as heterosexual divorce. Connecticut does not recognize cohabitation or common law marriage, however, civil unions (even if entered outside of Connecticut) are recognized. Connecticut civil unions can be merged into marriage by statute in Connecticut which will recognize legal relationships as marriage as long as that relationship conferred similar legal rights, obligations and benefits of marriage in the state of origin. This means that if an individual meets the residency requirements of living in Connecticut for at least 12 months prior to the filing or entry of a divorce and/or final divorce, parties to a formal relationship originating in another state may divorce in Connecticut so long as the relationship criteria are met. This is important because the equitable distribution of assets and the alimony award scheme in Connecticut includes the length of the marriage as a statutory factor of consideration. Thus, whether a marriage is considered long-term or short-term may impact the financial settlement or award when a divorce is finalized.
Connecticut also recognizes and enforces valid prenuptial agreements which are agreements made between spouses in contemplation of marriage. Same-sex couples are entering into prenuptial agreements with greater frequency and have the opportunity to pre-negotiate financial circumstances in the event of marital dissolution.
The attorneys at the firm SIEGEL, COLIN & KAUFMAN, P.C., with offices in Stamford and Westport, are knowledgeable and experienced with the unique issues faced by LGBTQAI+ couples and families facing divorce and/or custody issues. Please contact us for a consultation, we are here to assist you.
