Legal Question in Family Law in Louisiana
Health Insurance Discrimination
I would like to know if company can legally deny health insurance to a child that is not legally adopted by the step-parent? My daughter, who is now 19 years of age has always been covered by my husband's health insurance. Although he is not her biological father, he is the only father she knows. He and I married when she was three years old. Anyway, the company he now works for has changed insurance companies three times within the last six-months and the union, not the insurance company, is refusing to cover her. Can this be done if the insurance company which is Blue Cross/Blue Shield is willing and has covered her before with a previous employer? Can this union make this kind of decision and/or is it legal? She is a full-time student and desperately needs health insurance.
2 Answers from Attorneys
Re: Health Insurance Discrimination
If it is the union's group policy, the union decides eligibility.
I have a suggestion. Since your husband is the only father she has known, how would they feel about an adoption. Adult adoption requires no litigation in Louisiana. It is a simple notarial act. Contact a lawyer who can draft and file the documents. Then she will legally be his daughter.
Re: Health Insurance Discrimination
Since to fight it will waste time, why not have your husband adopt her. A notarial act is all that is necessary and that takes no time at all. He signs and she signs. One caveat though, I have run into a problem where some "institutions" require a court order of adoption in order to perform certain functions, like changing her name on the birth certificate. But if all you need is that she is his daughter, then the notarial act seems the way to go.
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