LGBTQ+ Parents

In the wake of Dobbs and a flurry of anti-LGBTQ+ legislation across the country, many have asked us what steps they can take to protect their families. 

We have compiled here the most urgent and common questions in collaboration with our friends at COLAGE, GLAD, and NCLR. For answers or advice about your specific state or situation, you will need to contact a local attorney with expertise working with LGBTQ+ people. So, we’ve included resources for finding and engaging a lawyer.

Check out the Post Dobbs Toolkit for more information.

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We recommend ensuring you have the following:

NOTE: Married or unmarried couples and single people can use these documents to protect themselves, their relationships, and their assets.

Marriage equality is the law of the land and must be respected in all 50 states and by the federal government.

What the language in Dobbs does mean is that in the coming months and years, we are likely to see attacks on marriage and our relationships — just like we are already seeing other attacks on LGBTQ+ people, families, and children in individual states.

The best way for LGBTQ+ parents to protect their family is to ensure that their parent-child relationship is legally recognized by obtaining a court order – parentage judgment or adoption decree — even if you are married and are both listed on a child’s birth certificate. 

Court judgments and decrees, or their equivalent, confirm and/or establish legal parentage and must, under the US Constitution, be afforded full faith and credit. This means that they must be recognized in every jurisdiction throughout the U.S.
More information can be found in our Post-Dobbs Toolkit.

The Dobbs opinion did not speak to this issue directly. However, since IVF involves creating embryos and can result in additional embryos, some have expressed concerns about the implications of Dobbs on the process.

Before beginning your family creation journey, you should consult with a lawyer in your state with expertise in assisted reproduction to better understand the legal landscape, your options, and how best to protect yourself.

LGBTQ+ partners, parents and their children should travel with certified copies of all of their important documents in case they are challenged at borders, hospitals, or other venues.

We recommend that people travel with

  • a certified copy of their children’s birth certificates, 
  • a certified copy of the court judgment, decree or voluntary acknowledgment of parentage, 
  • a certified copy of marriage certificate (if applicable), and 
  • a copy of health care proxies for the adults.

You don’t have to navigate the legal system alone. Many organizations provide legal helplines that you can contact for support. We recommend:

I need an attorney.

lgbtqbar.org

The National LGBTQ Bar Association’s Family Law Institute has attorneys in many states.

View Resource

Are there specific laws in my state that I should be aware of?

lambdalegal.org

Lambda Legal’s state map can help you understand what legal protections are in place for LGBTQ+ people and their families in your home state.

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