John E. Cereso, Managing Partner Nevada Law Group: Woman kept alive against family wishes after she suffers a blood clot to the lungs and is considered brain dead. Why can't doctors and the family pull the plug? She is pregnant. Read More

Nevada Domestic Partnership Law Benefits Gay and Straight Partners

The Nevada Legislature, after a long time controversy successfully signed the Senate Bill 283, known as the Nevada Domestic Partnership Act of May 2009.

This Act which became effective as of October 1, 2009 permits couples (both straight and gay) who are not married but in a committed relationship to have the same rights as married couples under Nevada law. It is important to note that the Act provides the same rights and benefits of marriage to those that want to be recognized as partners who are of the same sex and also imposes all the responsibilities of a married couple on the registered partners of a domestic partnership.  The sole exception under this law is spousal benefits from employment, which aren’t required to be recognized under the Act.

The main aim of the Act was to help any family unit that has a partnership other than a legally married, opposite sex couple and even separated couple who still live together. Nevada will legally recognize a domestic partnership between any of the above that have willingly entered into an intimate and committed relationship of mutual care.

For those who are willing to register as domestic partners in Nevada, they must meet these requirements listed below:      

• Both parties must have a common residence.                                                                                
• Neither of them must be married except to each other in another jurisdiction.                                               
• They should not be related by blood in any way that would not allow them to be married in Nevada.
• They must be above the age of 18 each.                                                                                                                       
• Both parties should be able to consent to the domestic partnership without anybody’s influence.

Registration is done by filing a notary declaration of domestic partnership application and the actual fees will be paid to the Nevada Secretary of State. For more information, the registration forms are available online for free or you can get forms at the Secretary of State’s Carson City or Las Vegas offices.

Once you are registered with your partner under this Act, you will possess the same rights as imposed on spouses. You will also be subjected to the same obligations and duties under the law and government policies. Furthermore, a domestic partner is entitled to non-discriminatory treatment rights as provided to spouses. Inheritance of properties when a partner dies even without a will, is also among the rights enjoyed by partners. There are also rights related to child custody, child support and adoption.

The Act strictly states that once you are registered, you will become subject to the community property laws that married couples are subject to in Nevada.

Nevada Law Group and John E. Cereso Managing Partner is dedicated to equality and will protect your rights in Las Vegas, Nevada. For more information about John E. Cereso visit his webpage at NevadaLawGroup.com

Thinking of Child Adoption in Nevada

Child Adoption in Nevada is a Vibrant and Dynamic Program

The state has more than its fair share of adoption need and social services struggle to find good homes for the ever increasing need.  Notwithstanding, the State of Nevada is determined to maintain its high standards of suitability screening.  Their stated goal:  “State adoption programs provide safe and permanent homes for children whose birth parents cannot care for them. The programs are child-focused, and designed to recruit and secure the best families available to meet children’s needs”.

There is always a tremendous need for families to adopt special needs children from the foster care system, who are unable to return to their birth families.  Prospective parents willing to adopt special needs kids generally don’t get placed on the waiting list.  Adoption is a rewarding experience but you have to understand that adoptive children come with all the same demands and issues as those who remain in birth families, but you don’t have the benefit of knowing the experience the child had before coming into your orbit.

The criteria for being considered suitable are wide ranging and include: People of any race, religion or no religious preference, those who work outside the home, renters or people who own their own homes, high or low incomes, with or without other children over age 21; however, all applicants must be at least ten years older than the person being adopted, married or single people; however, if married, the spouse must also be a party to the adoption.

The procedure for being cleared to adopt is straight forward and includes: Attendance at an orientation of foster/adoptive parent class, home study, referral and selection of an adoptive family for a particular child through a matching process, visitation and placement of the child with the adoptive family, a minimum of six months of post-placement supervision and support services and court finalization of the adoption.

You must expect to go through the mill a little. The authorities will want to know as much about prospective adoptive parents as possible.  They will take references from people who know you well and carry out a thorough criminal history and Child Abuse/Neglect (CANS) screening.  Not only will the parents undergo this procedure but other adults living in the home also.  There will be interviews and home visits with a social worker and physical examination for the applicants and household members.  The procedures are exhaustive and intrusive because they have to be.  Ultimately the whole procedure is worthwhile and many happy families are created with the adopted children going on to be successful in school, college and university and subsequent careers.