Do Current Laws Protect LGBTQ+ Families?

Do Current Laws Protect LGBTQ+ Families?

Laws have governed many countries for many decades or even centuries. From Ancient Greece to parliaments of Great Eastern countries, up to today’s democratic government, laws are created for the people and by the people, with the intent to safeguard and respect.

But even in today’s modern society, where norms are being challenged daily, not all laws are created equal, especially in the realm of family law and LGBTQ+ rights.

However, many lawmakers and advocates are working to change this stigma. In family law offices in Santa Fe, NM and other places across the United States, family law is being championed with the same passion for same-sex couples.

Understanding Family Law?

In a nutshell, family law focuses on any topics or issues that deal with familial relations. These can range from divorce to adoption. Many family law practitioners can take their proceedings to court. They can also draft legal documents that pertain to familial assets or even fostering, estates, or emancipation.

It’s important to understand that not all family law is equivalent to divorce proceedings. In fact, some lawyers choose to practice other areas of family law, such as inheritance and the legal matters pertaining to adopting a child.

Family law practitioners are also in charge of handling the affairs of same-sex couples who wish to get married or adopt a child. It should be noted that the Supreme Court only recently legalized same-sex marriage. With this, same-sex couples are now privy to the same rights and laws that would require the aid of a family lawyer.

Adopting as a Member of the LGBTQ+ Community

lgbt couple holding hands

Unfortunately, even now with the legalization of same-sex marriage, some LGBTQ+ couples often face more scrutiny than straight couples. Since adopting means you and your partner will be heavily scrutinized on many fronts, top of which is the ability to care and provide for the child, you may certainly want a professional to help you with the legal matters. There will be much paperwork and jargon that a lawyer can help you navigate as you work to have your child.

Alternative Ways of Having a Child as LGBTQ+

If you choose not to adopt, another option is artificial insemination whether by one partner or through a surrogate. Either way, while that child can have both your names on their birth certificate, it’s important that a lawyer be present to ensure that the child will be legally registered as your child and heir or heiress.

In the event that one partner already has a child, but the second partner would like to adopt the said child, this is called “second parent” adoption. For this, same-sex couples can use the stepparent proceedings that all other couples may employ”

It is even more important that you consult with a professional if you and your partner opt for a second parent adoption, as some states still do not allow this. There are also others that give preferential treatment to married heterosexual couples over singles and same-sex couples. Thankfully, as this prejudice is deemed unconstitutional in most states, there are laws and amendments that can curb naysayers.

Starting a family is a right that everyone should enjoy. While our laws still have leaps and bounds to go before truly being able to offer the same treatment to everyone, lawmakers and advocates are continuing to fight against oppression. If you wish to build your own family, regardless if you are a member of the LGBTQ+ community or not, it’s best to do your research and consult with a professional who understands your plight and will gladly fight for it.

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