June is Pride Month, a vibrant time to celebrate identity, love, and the hard-fought progress of LGBTQ+ communities. But for many LGBTQ+ families in Texas, Pride is also a reminder of the legal protections still being secured, challenged, or clarified every day.
At our firm, we work with LGBTQ+ individuals and couples across San Antonio who want to build strong, secure family foundations. Whether you’re planning for the future or navigating a complex legal situation, here’s what you need to know about your rights, and where the law still leaves room for uncertainty.
Adoption Rights in Texas for LGBTQ+ Parents
Although Texas does not explicitly prohibit LGBTQ+ individuals or couples from adopting, the process can still be complicated, especially in cases involving private agencies or contested custody.
If you’re a same-sex couple looking to adopt:
- You can adopt jointly if you’re married.
- Single LGBTQ+ individuals are also eligible to adopt.
- Religious-based agencies can sometimes refuse placements based on their beliefs, even when working with state funding.
How we help:
We guide families through private and agency adoptions, help navigate potential roadblocks, and ensure all paperwork is properly handled to avoid delays or legal challenges.
Second-Parent Adoption: A Critical Step
Many LGBTQ+ couples assume that if they’re married, both parents automatically have full parental rights. Unfortunately, that’s not always the case in Texas.
If one parent is the biological parent or adoptive parent, the non-biological parent may still need to go through a second-parent adoption to ensure full legal recognition, especially in situations involving surrogacy, assisted reproduction, or children from previous relationships.
Why this matters:
Without legal parental rights, a non-biological parent could face challenges in medical emergencies, school decisions, or custody disputes.
Custody and Visitation for LGBTQ+ Parents
Custody laws in Texas focus on the “best interest of the child,” but for LGBTQ+ parents, especially those without legal or biological ties, things can quickly become complicated during a breakup or divorce.
Legal tips:
- Establish legal parentage through adoption or court orders.
- Include parenting agreements in your divorce decree or custody arrangements.
- Don’t rely on informal agreements, they often don’t hold up in court.
We offer support:
Our team helps LGBTQ+ parents protect their rights and their children through custody agreements, court filings, and proactive legal planning.
Estate Planning: Protecting Your Family Beyond Parenthood
Marriage equality gives same-sex couples many of the same default rights as opposite-sex couples, but relying on those rights alone can leave your family vulnerable.
Key estate planning tools for LGBTQ+ families:
- Wills and trusts to protect your partner and children
- Powers of attorney for healthcare and finances
- Guardianship designations for minor children
- Advance directives for medical decisions
Whether you’re married or not, formalizing your wishes is a powerful way to protect the life you’ve built together.
You Deserve Legal Support That Understands Your Family
No two families look the same, and your legal protection shouldn’t be one-size-fits-all either. At The Whitley Law Firm, we proudly serve LGBTQ+ individuals, couples, and families with compassion, clarity, and deep experience in Texas law. Whether you’re adopting, co-parenting, planning your estate, or facing a legal challenge, we’re here to help you feel empowered and prepared every step of the way.
Celebrating your family this Pride Month? Make sure it’s protected.
