Legal Protections Every LGBTQ+ Family in Massachusetts Should Have
Happy Pride Month from all of us at Hera Law Group! All couples and families should know their legal protections. LGBTQ+ couples and families in Massachusetts should especially consider several of these protections. In Massachusetts, LGBTQ+ people and couples enjoy the same rights as non-LGBTQ+ people under Massachusetts state law. Still, it remains important to keep key legal protections in mind. These protections help you prepare for events that may happen in the course of life — the passing of a partner or spouse, the end of a marriage, having a child through donor conception, or traveling or moving to areas more hostile to LGBTQ+ rights. Below, Hera Law Group outlines 4 key legal protections for LGBTQ+ families in Massachusetts — from second-parent adoptions to estate planning and advance directives:
1. Confirmatory Adoptions / “Second-Parent” Adoptions
All non-biological or non-gestational parents of children conceived through donor conception or surrogacy should consider pursuing a confirmatory adoption. Attorneys also call this a “second-parent adoption.” This step guarantees protection if parentage is ever challenged in court. In some cases, a non-biological or non-gestational parent’s marriage to the legal parent will not provide the fullest legal protection. The same holds true even if that parent’s name appears on the child’s birth certificate. Fortunately, the Massachusetts Parentage Act makes it very accessible for Massachusetts residents to pursue a confirmatory adoption.
To learn more about confirmatory adoptions, check out our blog post here: Second-Parent Adoption in Massachusetts
2. Estate Planning
Life-planning documents created through estate planning determine what happens to your property, child custody, and digital assets. These decisions matter most if a partner or spouse passes away. These documents can include Wills, Trusts, Durable Powers of Attorney, Healthcare Proxies, Final Disposition Instructions, and more. Thorough estate planning ensures that your wishes for the future of your family and property carry full legal authority. Every couple needs these documents, especially unmarried couples. Without clear legal authority, an unmarried couple may find it impossible to inherit sentimental property. For additional guidance, the Human Rights Campaign’s LGBTQ+ estate planning guide offers a helpful starting point.
To learn more about estate planning and why you should handle the process with an attorney, read our blog post here: Why DIY Estate Plans Fall Short
3. Medical Authorizations and Advance Directives
Medical authorizations make sensitive health information accessible to a partner, spouse, co-parent, or designated family member. As a result, your partner or spouse can stay involved in vital medical decisions. This helps prevent harmful biases and outdated “next-of-kin” laws from intruding on these critical moments. Similarly, Advance Directives let you decide in advance what medical treatments you do or do not want. They also let you name who should speak for you if you cannot speak for yourself. These documents become especially essential if you receive healthcare in places resistant or hostile to LGBTQ+ rights and protections. To learn more about your federal rights regarding medical privacy, see HHS’s HIPAA guidance.
4. Avenues for Divorce and Legal Separation
In Massachusetts, the marital separation process stays the same for all couples, regardless of sexual orientation. However, the divorce process can be complex to navigate. Massachusetts law recognizes several different types of divorce. Courts handle each type differently, requiring different documentation and, in some cases, a trial. The process can also demand significant time and money, and it can prove immensely emotionally taxing. For this reason, anyone pursuing a divorce should seek legal advice from a qualified Massachusetts family law attorney. An attorney helps ensure the process goes as smoothly and correctly as possible. For a useful overview, see the Massachusetts Court System’s divorce resources.
In summary, Hera Law Group recommends these 4 key legal protections for LGBTQ+ families in Massachusetts: second-parent adoptions, estate planning, medical authorizations, and access to divorce resources. If you have questions on any of these topics, reach out to us at Hera Law Group. We’d be happy to help your family secure every protection available to you and those you love most.
