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OLR Research Report


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