What Are They?

While New York does not yet recognize same sex marriages, there are steps people who are in, or entering, non-legally recognized marriages can take to provide themselves with many (though unfortunately not all) of the rights and protections afforded traditionally married couples. These include: Durable Powers of Attorney, Living Wills, Health Care Proxies, Pre-nuptial equivalents, as well as customized agreements about such matters as home ownership and responsibilities.

Since same sex marriage is not legally recognized in New York, there are no provisions for divorce or separation, for this reason parties can address end of relationship issues by contract at any time before or during the relationship (see prenuptial/antenuptial agreements).

Other Steps

Co-Parent adoption is permitted in New York (see In Re Matter of Jacob, 86 N.Y.2d 651, 660 N.E.2d 397, 636 N.Y.S.2d 716), so same sex couples can assure themselves of co-equal parenting rights and responsibilities for children born to one, or adopted by both.

The needs and concerns of each couple are unique, but can often be addressed in contract terms.