As an Arizona State Bar Certified Specialist in family law matters in Arizona, I have previously addressed changes to the law as the same-sex marriage issue continues to evolve in Arizona and around the country.
On September 19, 2017, the Arizona Court of Appeals (Division II) issued the latest ruling affecting the rights of same sex couples. In this case, a same sex couple legally married in 2008 in another state. In 2010, the couple had a child using an anonymous sperm donor. A divorce was then filed in Arizona in 2013.
Arizona has a legal presumption that if a Wife bears a child during the marriage, that the Husband is presumed to be the legal Father. However, recent US Supreme Court ruling requires that same sex couples be given equal protection, and certain cases require that laws be read gender-neutral.
The Court of Appeals has therefore extended Arizona law to same-sex spouses, such that children born in same-sex marriages (regardless of biology) are presumed to be the legal children of both married spouses. The Court indicated that their ruling was to “ensure that all children . . . have financial and emotional support from two parents and strong family units.”
If you are involved in a divorce, legal separation, or annulment case or other family law case, and if you have determined that you need experienced legal representation, please call 800-899-2730 and ask to speak with Douglas C. Gardner, or visit our website at www.yourarizonadivorcelawyer.com.