Pennsylvania Same-Sex Marriage FAQ

If we married in another state will our marriage be recognized in Pennsylvania?   Yes. If you married in another state, your marriage will be recognized in Pennsylvania and you will have all the rights and obligations of a married couple under Pennsylvania law. You do not need to "re-marry" in Pennsylvania. In fact, cure re-marrying may create problems if there is ever a divorce because the length of the marriage is one of the most important factors in determining alimony and division of property.  

What date should I list as the date of my marriage on documents and forms?   The date of your marriage is the date that you actually married, hospital not the date that Pennsylvania first recognized your marriage. Therefore, if you married on May 1, 2007, that is the date you should list as the date you were married.  

If we entered a civil union or domestic partnership in another state will our civil union or domestic partnership be recognized in Pennsylvania?   Probably not. Pennsylvania law makes no reference to civil unions or domestic partnerships; therefore, it is unclear what, if any, recognition will be given to these legal statuses. If you and your partner wish to have the rights and benefits afforded to married couples, you should marry.

My wife and I are having a child using a sperm donor. My wife will give birth to our child. At the hospital, will we be able to put both of our names on the birth certificate?   Yes. At the time of the birth of your child, you will have to complete forms at the hospital or birth center in order to receive a birth certificate for your child. If you have a same-sex marriage from Pennsylvania or another jurisdiction, you may list yourself as "married" on any forms. As of July 2015, the Department of Health will issue the original birth certificate in the maiden name of the birth mother and will list the birth mother’s spouse as “Parent/Father”.  

Will a birth certificate issued in the names of a married couple confer parental rights even if one parent is not genetically related to the child?   No. Even if a child born to married same-sex spouses will be able to have both spouses' names appear on the original birth certificate as parents, this does not constitute a legal finding of parental rights. Therefore, a birth certificate alone leaves the child and the parents vulnerable in a number of areas and circumstances.  

Is it necessary for me to adopt a child born to my spouse to create parental rights?   Yes. There is no parentage statute in Pennsylvania for children conceived through assisted reproduction that conclusively secures a legal parent-child relationship between a non-biological parent and the child. Without an adoption (or, in some cases, a pre-birth order), the non-biological parent's rights could be successfully challenged. Pennsylvania, like every state in the U.S., must recognize an adoption decree.  

If I have a Cohabitation Agreement with my partner and we then marry, is our agreement still valid?   No. Generally, marriage is a new contract that voids a Cohabitation Agreement. If you want to keep the terms of your Cohabitation Agreement, you must have a Premarital Agreement in place prior to your marriage or a Post-Nuptial Agreement if the marriage has already occurred. You and your partner cannot be represented by the same attorney for Premarital Agreements or Post-Nuptial Agreements. If you have questions, speak with an experienced family law attorney.  

If my partner and I have Wills and Powers of Attorney in place, do we need to re-execute them?   Maybe. Getting married does not in and of itself void or invalidate your Will or powers of attorney. However, your estate planning options and needs may have changed by virtue of the marriage. The best course of action is to have an experienced estate planning attorney review your documents and estate plan to make sure they meet your current needs. Powers of Attorney are valid regardless of marital status.  

Do I still need a Will?   If you don't have a Will, your estate will be divided according to the intestacy law of the state where you reside at the time of your death. These laws may or may not reflect how you want your property to be divided. Additionally, if you have children, you should have a will for the purpose of naming a guardian who will raise your children in the event that the children are left without any legally recognized parents while the children are still minors.  

How does marriage affect my ability to add my spouse's name to the deed of my house?   You may now add your spouse's name to a deed of real estate without incurring real estate transfer tax or needing to complete a mortgage refinance. There is also a form of ownership only available to married couples called "Tenants by the Entireties", which provides additional creditor protection compared to property owned as Tenants in Common or as Joint Tenants with the Right of Survivorship. Couples seeking to change their deeds should consult with an experienced real estate or family law attorney because a deed transfer to joint names with a spouse constitutes a gift to the marriage and would be subject to equitable distribution in any future divorce case.  

Now that same-sex marriage is legal in Pennsylvania, should married same-sex couples change their deeds to real estate?   If you own real estate as Tenants in Common or as Joint Tenants with the Right of Survivorship, you should consider whether it may make sense to your form of ownership to "Tenants by the Entireties." This form of ownership results in the surviving spouse owning the property when the other spouse dies, and it has the added benefit of protecting the property against creditors of only one of the spouses. Couples seeking to change their deeds should consult with an experienced estate planning attorney to make sure that the change will work with their estate plans.  

Can I obtain a divorce from a same-sex spouse?   Yes. Same-sex divorces are now permitted in Pennsylvania, as are claims for alimony and the equitable division of the assets acquired from the date of the marriage to the date of the separation. This includes division of assets solely held in the name of one spouse, such as retirement accounts or real estate purchased during the marriage. Pennsylvania law applies to divorces filed in Pennsylvania, even if you married in another state.  

If I get married, can I change my last name to be the same as my spouse through the marriage license?   Yes. If you wish to change your surname upon marriage you can do so by completing your marriage license to reflect your desired surname. If you previously changed your name when you entered an out-of-state marriage, Pennsylvania agencies such as the Department of Transportation will now accept your out-of-state marriage certificate as proof that your name has changed.