In these uncertain times, protecting your family legally is more important than ever. As an attorney with over a decade of experience focusing on LGBTQIA+ families, I’m here to guide you through essential legal measures that can safeguard your rights as married same-sex couples and families with children.
The Foundation: Basic Legal Documents
Every family should have some foundational legal documents in place. These are especially crucial for LGBTQIA+ families to ensure that all parents—biological or non-biological—and children are protected in various scenarios.
Power of Attorney for Healthcare for a Minor Child: This document enables a parent, particularly a non-biological parent, to make healthcare decisions for a child. This is vital to establish the non-biological parent’s authority in emergencies.
Nomination of Guardian for a Minor Child: This document allows parents to name a guardian for their child in case of death or disability. It’s an integral part of estate planning and ensures that your child is cared for by someone you trust.
Adoption and Parentage Actions
Depending on your family’s unique circumstances, additional legal actions may be necessary:
Stepparent Adoption: If your children were born before your marriage and conceived through donor insemination following Ohio law, a stepparent adoption provides the strongest legal protection. All 50 states recognize Ohio stepparent adoptions
Parentage Action: For children born during your marriage using donor insemination, a parentage action is the best way to establish a legal parent-child relationship for the non-biological parent. This ensures the non-biological parent’s rights are preserved in case of divorce or other family changes.
Taking Action:
Navigating these processes can be complex, and laws vary by state. It’s critical to consult with a family law attorney who is knowledgeable in LGBTQIA+ legal matters to ensure your family’s unique needs are addressed. Taking these legal steps ensures that your parental rights and your child’s security are safeguarded. These measures provide peace of mind and clarity, especially in times of crisis or significant life changes.
Whether you’re just beginning your journey or revisiting plans, it’s important to consult an attorney familiar with estate planning and LGBTQIA+ issues. Small, proactive steps today can safeguard your future and protect your loved ones in the years to come.
Invest in the power of preparation. Your voice and your choices matter—now and always.
Hannah Botkin-Doty, Esq.
