Child born during a same-sex marriage is presumed to be the child of both parents, even though Pennsylvania did not recognize the validity of same-sex marriages when the child was conceived and born. Bossler v. Ebling, 12 Fid.Rep. 362 (C.P. … Continue reading
Tag Archives: Same-sex marriage
The presumption that a child born during a marriage is the child of both parents applies even in same-sex marriages, and so the non-birth parent has standing in a dependency hearing over the child. In the Interest of: A.M., a … Continue reading
It is a violation of due process for a state to refuse to put the name of the wife of a birth mother on a birth certificate if the state would put the name of a husband on a birth … Continue reading
A same-sex couple could enter into a valid common law marriage before 2005, and the evidence supported the existence of the marriage. In re: Estate of Stephen Carter, 159 A.3d 970, 2017 PA Super 104 (2017). … Continue reading
Surviving “life partner” is not entitled to 0% spousal inheritance tax rate, despite years of continuous cohabitation, when there was no evidence that the parties had ever contracted to marry by exchanging verba in praesenti. Gessner Estate, 7 Fid.Rep.3d 72 … Continue reading
Pennsylvania courts have jurisdiction to dissolve a Vermont civil union because it is the “functional equivalent” of marriage. Neyman v. Buckley, 2016 PA Super 307 (12/28/2016). (The Montgomery Co. Court of Common Pleas had reached the opposite conclusion in Corrado v. … Continue reading
Although the Adoption Act contains no provisions allowing an adult adoption to be annulled, the Orphans’ Court nevertheless has the power to annul an adult adoption with the consent of both parties in order to allow the parties to enter … Continue reading
A same-sex civil union entered into in Vermont is not a marriage under Vermont law and not a marriage under Pennsylvania law, so Pennsylvania divorce law does not apply. Corrado v. Musto, 6 Fid.Rep.3d 237, 153 Montg. 173, No. 2015-14981 … Continue reading
The Internal Revenue Service (IRS) has issued a notice providing guidance on the application of the decision in Obergefell v. Hodges, 576 U.S. ___, 135 S.Ct. 2584 (2015), to retirement plans qualified under section 401(a) of the Internal Revenue Code … Continue reading
An Orphans’ Court judge has entered an order declaring to be valid a same-sex common law marriage entered into before common law marriages were abolished in Pennsylvania in 2005. The case is Estate of Kimberly M. Underwood, No. 2014-E0681 (O.C. … Continue reading