In the wake of the overturning of Roe vs. Wade, Department of State v. Muñoz, and some SCOTUS calling for a review and overturning of marriage equality, it is more important than ever to put protections in place for queer families. Our community has long fought for privacy and autonomy over our lives, and we will continue to fight for those values. The good news is that we can still protect our families in times of uncertainty through careful legal planning, an insurance policy so to speak. The LGBTQ community did this long before marriage equality, so while it may feel disheartening and backwards to plan as if the laws do not protect us, it is far better than the alternative.
1. Protect your children with a confirmatory adoption. We strongly recommend that nonbiological and/or nongestational parents get an adoption which recognizes their legal rights as a parent. While having your name on the birth certificate is validating, a birth certificate alone is not sufficient protection for your legal parentage rights. From custody issues to survivor benefits, adoption provides security for your whole family.
2. Protect you and your spouse's property. All spouses should have a plan for if one or both of you pass away. This includes designating beneficiaries for personal property and financial accounts, and designation of a guardian for minor children
3. Protect your healthcare wishes. This includes designating who would make healthcare decisions on your behalf if you are unable and the type of care you want to receive.
This is not legal advice and does not create an attorney-client relationship. Please call our office for a consultation.
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