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 be aware of their legal protections, and there are several that LGBTQ+ couples and families in Massachusetts should especially consider. In Massachusetts, LGBTQ+ people and couples enjoy the same rights as non-LGBTQ+ people under Massachusetts state law. However, it is still important to keep in mind key legal protections to prepare for events that may happen in the course of life — whether it’s the passing of a partner or spouse, the end of a marriage, having a child through donor conception, or traveling or moving out of state to areas that are more hostile to LGBTQ+ rights and protections. 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 — also called a “second-parent adoption” — in order to guarantee protection if parentage is ever challenged in court. In some cases, a non-biological or non-gestational parent’s marriage to the legal parent, or their name on the child’s birth certificate, will not provide the fullest legal protection. 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 will determine what happens to property, child custody, and digital assets in the event that 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 will ensure that your wishes for the future of your family and property will have full legal authority. These documents are essential for any couple — especially unmarried couples, where the inheritance of sentimental property might be impossible without clear legal authority. The Human Rights Campaign’s LGBTQ+ estate planning guide is a helpful starting resource as well.
To learn more about estate planning and why the process should be done with an attorney, read our blog post here: Why DIY Estate Plans Fall Short
3. Medical Authorizations and Advance Directives
Medical authorizations allow sensitive health information to be accessible to a partner, spouse, co-parent, or designated family member. This ensures that a partner or spouse is involved in vital medical decisions, preventing harmful biases and “next-of-kin” laws from intruding in these critical moments. Similarly, Advance Directives allow a person to decide in advance what medical treatments they do or do not want, and who they want to speak for them if they cannot speak for themselves. These documents are especially essential if receiving healthcare in places that are resistant or hostile to LGBTQ+ rights and protections. You can learn more about your federal rights regarding medical privacy through HHS’s HIPAA guidance.
4. Avenues for Divorce and Legal Separation
In Massachusetts, the marital separation process is the same for all couples regardless of sexual orientation. The divorce process can be complex to navigate, with several different types of divorces recognized under Massachusetts law — each handled differently and requiring different documentation, and in some cases, a trial. The process can also involve significant investments of time and money, and it can be immensely emotionally taxing. This is why anyone pursuing a divorce should seek legal advice from a qualified Massachusetts family law attorney to ensure that the process is handled correctly and as smoothly as possible. The Massachusetts Court System’s divorce resources offer a useful overview of the process.
Hera Law Group suggests 4 key legal protections for LGBTQ+ families in Massachusetts — from second-parent adoptions to estate planning and advance directives. Reach out to us at Hera Law Group with any questions on these topics — we’d be happy to assist your family in securing all the protections available to you and those you love most.
