NJSBA Family Law Section

I am the attorney for a county welfare agency.  I was in court yesterday on a case involving a child born to Woman A, who is receiving TANF.  The child was born during A's domestic partnership with Woman B.  Both women are named on the child's birth certificate.  B testified that she receives SSD and has been frustrated in her attempts to obtain derivative benefits for the child because she never adopted the child.  B is representing herself in her fight with SSA.  I spoke with B after court and she was agreeable to my sending this inquiry to see if there is someone I can refer her to to assist her in her cause.  

So, if anyone out ther can provide some guidance, I will pass the information onto B.  Thank you.

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Mitchell Steinhart, Esq.
Bergen County Board of Social Services
(201)368-4207

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Mitchell,

I would be happy to speak with the woman.  NJ's DP Act did not convey any type of parental authority upon a registered partner for a child of the other, neither does the parentage act, as even a gender neutral reading of "paternal" presumptions would not apply as the DP is not a marriage equivalent.  I would  suggest a parentage action be instituted to obtain a judgment of parentage nunc pro tunc to the child's birth - there is some evidence SSA will accept that - or an adoption, again with retroactive application.  The National Center for Lesbian Rights has worked on these issues and may be of assistance in providing some ideas.

Deb

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Debra Guston Esq.
Glen Rock NJ
(201)447-6660

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Original Message:
Sent: 08-20-2013 09:54
From: Mitchell Steinhart
Subject: Domestic Partners and Derivative Benefits

I am the attorney for a county welfare agency.  I was in court yesterday on a case involving a child born to Woman A, who is receiving TANF.  The child was born during A's domestic partnership with Woman B.  Both women are named on the child's birth certificate.  B testified that she receives SSD and has been frustrated in her attempts to obtain derivative benefits for the child because she never adopted the child.  B is representing herself in her fight with SSA.  I spoke with B after court and she was agreeable to my sending this inquiry to see if there is someone I can refer her to to assist her in her cause.  

So, if anyone out ther can provide some guidance, I will pass the information onto B.  Thank you.

-------------------------------------------
Mitchell Steinhart, Esq.
Bergen County Board of Social Services
(201)368-4207

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P.S.  Let this be a cautionary tale to all who believe that a birth certificate is "proof" of parentage - it is not.  Only a judgment of adoption or parentage will suffice in most circumstances to prove parentage where the federal gov't or foreign states where same-sex parents are not treated well.

-------------------------------------------
Debra Guston Esq.
Glen Rock NJ
(201)447-6660

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Original Message:
Sent: 08-20-2013 09:54
From: Mitchell Steinhart
Subject: Domestic Partners and Derivative Benefits

I am the attorney for a county welfare agency.  I was in court yesterday on a case involving a child born to Woman A, who is receiving TANF.  The child was born during A's domestic partnership with Woman B.  Both women are named on the child's birth certificate.  B testified that she receives SSD and has been frustrated in her attempts to obtain derivative benefits for the child because she never adopted the child.  B is representing herself in her fight with SSA.  I spoke with B after court and she was agreeable to my sending this inquiry to see if there is someone I can refer her to to assist her in her cause.  

So, if anyone out ther can provide some guidance, I will pass the information onto B.  Thank you.

-------------------------------------------
Mitchell Steinhart, Esq.
Bergen County Board of Social Services
(201)368-4207

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