in arizona, same-sex marriage is legal, granting lgbtq+ couples the same rights and responsibilities as heterosexual couples. however, navigating the legal landscape surrounding marriage, divorce, adoption, and parental rights can still present unique challenges.
this guide aims to provide clarity on these issues, ensuring you understand your rights and how to protect your family in arizona.
parental rights in same-sex relationships
when it comes to parental rights, arizona law recognizes both parents in a same-sex marriage if a child is conceived during the marriage with the agreement of both parents.
this presumption of equal parental rights applies to legal decision-making authority, parenting time, and child support. this is particularly relevant for same-sex couples who use donor eggs, sperm, or embryos to conceive.
in the event of a divorce, arizona courts prioritize the best interests of the child when determining custody and parenting time.
if both parents agreed to conceive the child, they should both receive custody or parenting time rights. a skilled attorney can advocate for your rights and ensure the court fully considers your parental role.
building your family through adoption
same-sex couples in arizona have several avenues for building their families through adoption.
the specific process depends on your circumstances.
joint adoption
since the hodges ruling, married same-sex couples in arizona have the same rights to adopt children together as any other married couple. you can work with an adoption attorney or agency to navigate this process.
choose an attorney who is committed to protecting your rights as a same-sex couple.
it's important to be aware that some adoption professionals may refuse to work with same-sex couples due to religious or personal beliefs. research agencies and attorneys to find those who are supportive and experienced in working with lgbtq+ families.
stepparent adoption
if you are married to someone who already has a child, you can become a legal parent through stepparent adoption.
this process is similar for both heterosexual and same-sex couples. generally, you must be married for at least one year and have lived with the child for at least six months to avoid a full social study during the adoption process.
single-parent adoption
single individuals, regardless of sexual orientation, can adopt children in arizona.
you must be over 18, complete a home study, pass background checks, and demonstrate your ability to care for a child.
second-parent adoption (not recognized in arizona)
arizona does not recognize second-parent adoptions for unmarried couples.
this means that if you are not married, only one partner can legally adopt a child.
if you wish to jointly adopt as a couple, you must marry first. after marrying, you can proceed with either a joint adoption or a stepparent adoption.
concerns regarding adoption and legal rights
given the current political climate, it's understandable to have concerns about the future of same-sex adoption laws.
completing an adoption as soon as possible can help protect your parental rights. some religious agencies may refuse to work with same-sex couples, and you might worry about prospective birth mothers' preferences. however, many birth mothers are open-minded and happy to place a child with an lgbtq+ family.
it's crucial to find an agency that is supportive and experienced in working with same-sex couples.
remember that signing your name on a birth certificate does not automatically grant you legal parental rights if you are not the biological parent and haven't completed an adoption.
consult with an experienced adoption attorney to determine the best course of action for your specific situation.
same-sex divorce in arizona
while no one enters a marriage expecting it to end, same-sex marriages, like heterosexual marriages, can sometimes end in divorce.
if you are facing a same-sex divorce in arizona, it's important to understand your rights and obligations.
child custody and parenting time
the same principles apply to child custody and parenting time in same-sex divorces as in heterosexual divorces.
the court's primary concern is the best interests of the child. if both parents are legal parents, they both have the right to seek custody and parenting time. the court will consider factors such as each parent's ability to provide a stable and nurturing environment, the child's relationship with each parent, and the child's wishes (if they are of a sufficient age and maturity).
property division
arizona is a community property state, meaning that all assets acquired during the marriage are owned equally by both spouses.
in a divorce, community property is typically divided equally. this includes real estate, bank accounts, retirement funds, and other assets. separate property, which is property owned before the marriage or received as a gift or inheritance during the marriage, is generally not subject to division.
spousal support (alimony)
spousal support, also known as alimony, may be awarded in a divorce if one spouse needs financial assistance to become self-sufficient.
the court will consider factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage when determining whether to award spousal support and the amount and duration of such support.
other legal considerations
the family and medical leave act (fmla)
same-sex spouses are covered under the federal family and medical leave act (fmla).
this means that you are eligible for unpaid leave to care for a spouse with a serious medical condition, just as heterosexual spouses are.
repealed laws and potential future challenges
it's important to remember that even if a law is not currently enforced or has been superseded by a more recent law, it can still pose a threat.
the recent arizona abortion ban demonstrates the potential consequences of assuming that old laws will remain dormant. similarly, although the supreme court has affirmed the right to same-sex marriage, some states still have laws prohibiting it. if the supreme court were to overturn obergefell, these laws could potentially be revived.
legal representation
navigating the complexities of same-sex marriage law can be challenging.
an experienced attorney who stays up-to-date on the latest changes in the law can provide invaluable guidance and protection. whether you are facing a divorce, seeking to adopt a child, or simply want to understand your rights, a knowledgeable attorney can help you navigate the legal system and protect your family.
finding the right attorney
when choosing an attorney to represent you in a same-sex marriage or family law matter, consider the following:
- experience: look for an attorney who has experience handling cases involving same-sex couples and lgbtq+ families.
- knowledge: choose an attorney who is knowledgeable about the latest developments in same-sex marriage law.
- compassion: find an attorney who is understanding and supportive of your situation.
- communication: select an attorney who communicates clearly and keeps you informed throughout the process.
many attorneys offer free consultations.
this is a great opportunity to meet with potential attorneys, discuss your case, and ask questions before making a decision.
conclusion
same-sex marriage is the law of the land in arizona, and lgbtq+ couples have the same rights and responsibilities as heterosexual couples.
however, understanding the nuances of the law and how it applies to your specific situation is essential. by seeking legal advice from a qualified attorney, you can protect your rights, build your family, and navigate the legal landscape with confidence. remember to prioritize finding legal counsel that understands and validates your family structure to ensure you are receiving the most appropriate and effective representation.
this guide provides a general overview of same-sex marriage law in arizona.
it is not intended to be a substitute for legal advice. if you have specific questions or concerns, consult with an experienced attorney.