As the national legal landscape continues to change in the incoming presidential administration, LGBTQ residents of New Jersey may feel uncertainty about the marriage, fertility and adoption protections we currently enjoy or may need in the future.
To help face some of these fears and facilitate learning, Garden State Equality is pleased to share this information, re-printed with the permission of New Jersey-based attorney William Singer, Esq., of Singer & Fedun LLC, whose practice concentrates on the creation and protection of families of all configurations.
Marriage
- If you’re legally married, you do not need to re-marry.
- Marriage equality is the law throughout the US. There is a possibility at some future date that the US Supreme Court could reverse the Obergefell and Windsor decisions which recognized same sex marriage. Even in the future were the federal government to refuse to recognize marriage equality prospectively, your existing marriage would likely remain valid.
- Marriage is controlled by state law. New Jersey has codified the right of people to marry each other, regardless of gender. I do not see that changing any time in the future.
- Were another state to roll back freedom to marry, and you were already validly married, it is extremely unlikely that such a decision will impact your marriage.
- If you’re considering getting married, take the time to think through all of the automatic rights and responsibilities that come with marriage, whether at the time of death or divorce. If appropriate, prepare a nuptial agreement if you wish to modify those rights.
Parentage
- If you haven’t obtained a judgment to protect your parentage (adoption or parentage judgment), do so now. A birth certificate (even with your name listed as a parent) does not protect you.
- If you’ve already obtained the judgment, make sure you have a certified copy somewhere safe and accessible.
Fertility
- If you have sperm, eggs or embryos cryopreserved, check in what state they are stored to determine if any extra protections are needed or if they should be moved to another state.
- If you are relying on clinic forms, make sure that they are clear as to what would happen in the event of death or separation. Keep in mind that the enforceability of the clinic forms is still a legal gray area. Determine if you need a better or clearer written contract.
Estate Planning
- If you don’t have estate planning documents in place, now is the time to do so. Documents include wills, durable financial powers of attorney, proxy directives for health care, and living wills. It is critical to have documents stating your intentions as to who will have access and decision-making authority if you should be unable to communicate for yourself.
- Align your estate planning documents to include language about
- frozen sperm, eggs or embryos.
- Double check your beneficiaries on any insurance and retirement accounts.
Name & Gender Marker Change
- If you are using a name other than the name appearing on your birth certificate, consider getting a legal name change through the court system.
- If you need to amend your gender on any of your ID documents, get the federal documents updated NOW. Changes might not be available under the new administration. Gender changes can currently be made for passport and social security without a court order.
- US passports currently allow for a nonbinary (X) gender marker. This may get rolled back and no longer be available. We are entering an era where having a nonbinary gender marker can expose you to (more) danger. Act in the way that feels best for your individual circumstances.
- If you can get a court order confirming your name and gender, do so as soon as possible. In New Jersey, you can easily obtain a court order changing your name and recognizing your gender. In New Jersey, you can also easily change the gender marker on your birth certificate through self-attestation.
