Associated Press

Some legal rights, protections and pitfalls facing gay couples under New Hampshire’s civil union law:

BENEFITS:

—Access to information about family members’ medical care, to hospital rooms, and authority to act in matters affecting family members. Gay couples should—like heterosexual couples—prepare and sign durable power of attorney for health care documents to avoid problems with federal privacy laws, particularly out of state.

—Access to proceedings and information when a spouse dies, whether in an accident or as a crime victim.

—Legal standing to make funeral arrangements.

—Right to be placed in same room in a nursing home.

—Coverage under state-regulated family health plans. Includes access to state-regulated coverage similar to COBRA when laid off.

—State pension benefits if vested in the New Hampshire Retirement System.

—Inheritance without a will.

—Ability to transfer property to each other without paying state taxes.

—Ability to change names after the union by showing civil union certificate to government agencies, banks and others and simply stating a name preference. (Chosen name should be used on all identification and legal documents.)

—Pay or receive alimony and/or child support ordered by a court in a divorce.

—Ability to adopt as a stepparent.

PITFALLS:

—Legal status only recognized in a handful of states.

—Ability to divorce uncertain if person moves to state that doesn’t recognize status.

—Unclear whether surviving spouse could claim body and get death certificate in states not recognizing status.

—Can not sponsor spouse under federal immigration laws. In some cases, sponsorship can result in spouse being deported.

—Triggers “don’t ask, don’t tell” and expulsion from military.

—Employers governed by federal laws are allowed to provide health, pension and other benefits only to heterosexual couples, including COBRA benefits. More than 9,300 companies covered by federal law voluntarily extend benefits to gays.

—Treated as unmarried adults under more than 1,100 federal laws. For example, gay couples don’t qualify for Social Security or veterans survivor benefits, must pay taxes on health benefits their employer extends to their spouse, may be liable for federal gift taxes for large property transfers to each other and must pay federal estate taxes not paid by married couples.

—Treated as single when applying for Medicaid.

—May jeopardize ability to adopt overseas.