Same-sex Parents

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Two days ago, Travis County Probate Judge Guy Herman ruled the state’s ban on same-sex marriage as unconstitutional as part of an estate dispute. Because the state does not recognize same-sex marriages, the marriage of Stella Powell and Sonemaly Phrasavath was not recognized and her estate passed to her siblings instead of her wife of 8 years.   Today, the first same-sex marriage license was issued this morning to 31-year couple, Sarah Goodfriend and Suzanne Bryant who were then married in a ceremony outside of the Clerk’s office.   Judge David Wahlberg of the 167th District court issued an order […]

First Gay Marriage License Issued in Travis County

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The rights of a gay partner to participate in, and more importantly, have court ordered rights to, parenting her former partner’s child will be set for trial in the 302nd Judicial District Court of Dallas County, Texas. After the Texas Supreme Court declined to hear the biological parent’s appeal challenging the partner’s right to sue for access to the child, the Dallas Court of Appeals returned the case to the trial court. [See Dallas Court of Appeals cause number 05-08-00568-CV, In re M.K.S.-V., 301 S.W.3d 460 (Tex. App. — Dallas 2009, pet. denied), opinion attached.] Kristie Vowels and Tracy Scourfield were […]

Gay Parent Rights Heading to Trial

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Same-sex marriage has only been legalized quite recently. If you are already married or you are wanting to marry and want to have children, that is not a problem. There are many same-sex couples who are very successful in parenting. There are many scenarios which could be at play here. It is possible that one or both of you already has a child or have children as the case may be. It is best to consult with a lawyer so you can make sure that you can make custody and support work without any problems in the future. Usually, same-sex […]

Same-sex Couples: Children and Adoption

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  When will you need a surrogacy agreement?   If you and your spouse are considering surrogacy, there are a lot of legalities you will have to prepare for. It is best to arm yourself with enough information to prepare yourself for your plans.   Surrogacy involves a surrogate – a woman who carries a child for a couple who are not able to bear the child themselves. Same-sex marriages have become common nowadays and have been steadily on the rise since its legalization across the United States. This means that there is also a surge in demand for surrogacy, […]

The Basics Of Surrogacy Agreements

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In 2015, the US Supreme Court declared same-sex marriages as legal in every US State. So, yes, you can get married with someone of the same sex. You can start a family and you are also entitled to divorce should it not work out. How to get married in Texas? First, you have to secure a marriage license from the county clerk’s office. You will be asked to complete a sworn application showing that you and your partner have the legal capacity to marry. If one or both of you are under 18 years of age, parental consent or court […]

Same-sex Marriage in Texas

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There has been a lot of discussion recently in regards the recently proposed House Bill 623. This bill essentially proposes to allow Texas to circumvent federal court decisions in regards to declaring gay marriage bans unconstitutional. However, rather than continue the discussion of whether gay marriage should or should not be legal, this bill poses some interesting questions in regards to a state’s ability to circumvent the federal courts. The Texas attorney general has already appealed the previous federal court decision from February of last year to the 5th circuit courts, and oral arguments on that issue will be taking […]

Gay Marriage and State Sovereignty

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