LGBTQ+ Parenting Rights

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Legal Issues Faced By LGBTQ+ Parents 

LGBTQ individuals working towards parenthood will face unique legal challenges when it relates to parental rights, whether they plan on adopting, fostering, or making donor arrangements. Legal concerns for prospective LGBTQ+ parents generally come down to the state you live in, your desired path to parenthood, and your relationship status. The language of the law in Texas often presupposes a two-couple, heterosexual relationship, which can result in a gray area surrounding LGBTQ+ legal rights in the eyes of the law. You can navigate this with the help of an experienced Goranson Bain Ausley family law attorney.  

How Can Goranson Bain Ausley Help You? 

Second Parent Adoption

Second-parent adoption is the most common way for a non-biological parent to secure their legal parental rights with their children. It gives both partners equal legal status in terms of their relationship to the child. Second-parent adoption is strongly recommended for LGBTQ+ individuals, even if they are married to their child’s biological parent. 

Single Parent Adoption   

There are many misconceptions about the ability to adopt children if you do not fit within a specific set of criteria. Contrary to popular belief, individuals are able to adopt in the state of Texas whether you are single, married, divorced, or widowed. There are, however, other factors that may affect your journey towards adoption. For that reason, it’s best to speak to an experienced family law attorney about your options. 

LGBTQ+ Divorce 

There are LGBTQ+ specific factors that may influence parenting rights in the event of a divorce. For example, the Court may favor a biological parent over the non-biological parent when it comes to child custody if the non-biological parent has not formally adopted the child. You can learn more about our LGBTQ+ divorce here

Child Custody

LGBTQ+ couples have the same options when it comes to child custody scheduling if they are both legal parents. Between legal parents, there is no preference between the biological and non-biological parents in child custody cases. If you and your co-parent need to set up, modify or enforce a child custody agreement, an experienced Goranson Bain Ausley attorney can help.

Resources for LGBTQ+ Parents 

LGBTQ+ Parental Rights by Texas Legal Services Center

Legal Recognition of LGBT Families by NCLR

Legal Recognition of Lesbian, Gay, Bisexual, and Transgender (LGBT) Parents in Texas by NCLR

Transgender Family Law Facts by Transgender Law Center

Speak With One of Our Experienced Texas Family Law Attorneys

At Goranson Bain Ausley, we believe in the strength and dignity of all families. Our experienced family law attorneys are dedicated to providing answers, advice, and guidance to our LGBTQ+ clients in a safe, inclusive environment.  If you face obstacles in your parenting journey as an LGBTQ+ individual, contact an experienced Goranson Bain Ausley attorney today. 

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