
February 14, 2003 |
2003-R-0113 | |
SAME-SEX COUPLES - CREATING LEGAL RIGHTS AND OBLIGATIONS THROUGH DOCUMENTS | ||
| ||
By: Susan Price-Livingston, Associate Attorney | ||
You asked if same-sex couples can currently receive rights in Connecticut by creating legal documents. You were specifically interested in the 22 areas we identify in the table below.
OLR Reports 2002-R-0951 and 2002-R-0144 contain additional information on this topic.
RIGHT/RESPONSIBILITY |
LEGAL DOCUMENT |
Automatic Inheritance |
No |
Automatic Housing Lease Transfer |
No |
Bereavement Leave |
· State employees can file a domestic partnership affidavit with Comptroller's Office · Some private and local governments also offer domestic partners bereavement leave |
Burial Determination |
· If partner has no surviving spouse or has abandoned him, he may make written designation of another person to take custody of his remains upon death (CGS § 45a-318(b) · Surviving partner could also petition probate court for an order to take custody of the remains (Id. ) |
Certain Property Rights |
· Joint titles and bank accounts · Designation of partner in will, insurance or pension policy, trust instrument, or domestic partnership or other contractual agreement · Designation of partner on motor vehicle registration (CGS § 14-16) or under alternate designation procedure (CGS § 1-56r) |
Child Custody |
· Family Court adoption or co-parent adoption decree · Family Court custody order (when dispute involves parent and non-parent, court presumes parental custody is in the child's best interests (CGS § 46b-56b)) · Guardianship appointment or designation in will (subject to court approval) |
Crime Victim Benefits |
· Partner designated by a deceased victim pursuant to procedures in CGS § 1-56r may qualify for dependency benefits, including crime victim compensation and participation in certain court proceedings (CGS §§ 54-91c, -126a, and -201) |
Domestic Violence Protections |
· Family violence prevention and response statutes cover same-sex relationships (CGS § 46b-38a) |
Property Tax Exemption on Partner's Death |
No |
Immigration Access for Foreign Partner of U. S. Citizen |
No |
Immunity from Testifying Against Partner |
No |
Preferential Insurance Rates |
None that we are aware of |
Joint Adoption and Foster Care |
· Co-parent adoption decree · Foster care license; Department of Children and Families' joint foster care placement order |
Joint Bankruptcy |
No |
Joint Parenting (insurance coverage, access to school records) |
· State employees can file and a domestic partnership affidavit and enroll their partners' children in state health insurance plans · Co-parent adoption decree gives parents equal rights to the child's school records |
Medical Decision-Making on Behalf of Partner |
· Durable power of attorney · Designation of partner pursuant to CGS § 1-56r (grants designee input into treatment, end-of-life, and anatomical gift decisions when his partner cannot express his own wishes) |
Name Change |
· Probate or Family court decree |
Reduced Rate Memberships |
· Some towns and organizations include same-sex households in preferential "family" rates |
Leave to Care for Ill Partner |
· State employees can file a domestic partnership affidavit with the Comptroller's Office · Some private employers and local governments also offer leave to care for domestic partners |
Visitation Rights to Partner's Children |
· Visitation order from Family Court (CGS 46b-57) |
Visitation with Partner in Hospital or Prison |
· None in statute, but hospitals may honor written designations that do not conflict with the wishes of immediate family members |
Wrongful death (loss of consortium) benefits |
No |