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Specialty tag(s): Top LGBT Child Custody Lawyers in Texas, LGBT Adoption, LGBT Parenting Rights

Love, Parenthood, and Legal Clarity for LGBT Families in Texas

Mona Hosseiny-Tovar | January 9, 2026

How LGBT Parents in Texas Can Protect Their Parental Rights and Keep Their Families Secure

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Key Takeaways

• Same-sex marriage remains recognized nationwide under Obergefell v. Hodges, and the Supreme Court has shown no indication that it intends to overturn that decision.
• Despite marriage equality, Texas law still contains gaps that can affect parental rights, particularly for non-biological parents.
• Second-parent adoption or parentage orders provide the strongest, most portable legal protection for LGBT parents.
• Powers of attorney, HIPAA authorizations, and estate planning add critical layers of security in emergencies and long-term planning.

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The first time my partner and I held our child, a sense of wholeness settled over us. Our family felt complete, built with intention and love. Over time, however, we learned an important truth that many LGBT parents come to understand: love creates a family, but the law does not always recognize that family automatically.

Today, families like ours benefit from far greater legal certainty than in years past. Same-sex marriage is widely accepted, and constitutional protections remain intact. Still, parental rights, especially for non-biological parents—often require proactive legal steps. Understanding where the law is settled, and where planning is still essential, allows LGBT families in Texas to move forward with confidence rather than fear.

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Marriage Equality and Parenthood: Where the Law Stands Today

In 2015, Obergefell v. Hodges established a nationwide constitutional right to same-sex marriage. Since then, the Supreme Court has repeatedly declined opportunities to revisit or weaken that ruling, signaling that marriage equality remains secure. Same-sex marriages are recognized in all 50 states, including Texas, and there is no current indication that this legal foundation is at risk.

That said, marriage alone does not resolve every family law issue. Portions of the Texas Family Code were written long before marriage equality and have not been comprehensively updated. While courts follow federal constitutional law, these outdated provisions can still create confusion—particularly around parentage when one parent is not biologically related to the child.

For LGBT parents, this means that while marriage provides important protections, it should not be the only tool relied upon to secure parental rights. Establishing clear, court-recognized parentage remains one of the most effective ways to protect your family in every legal setting. Plus, sometimes same-sex couples choose to live together, have children together, but not get married, and in Texas, the non-biological parent’s rights to the child would be questionable, when it wouldn’t be a question if it was an opposite-sex couple living together and having children without getting formally married. In Texas, there is a presumption that applies that a child born of the marriage is presumed the child of both parties, and the presumption extends to same-sex couples who are married and have children in the marriage. But, it’s as if LGBT couples would have to get married in order to be afforded any level of recognition as equal-footing parents to a child.

Why Parental Rights Still Require Proactive Planning

Custody, medical decisions, school enrollment, and inheritance all hinge on legal parentage. In families where one parent did not give birth to the child or is not genetically related, those rights are not always automatic under Texas law.

Texas does offer pathways to establish parentage for same-sex couples, but they typically require affirmative legal action. Taking those steps early prevents uncertainty later and ensures both parents are treated equally—by courts, schools, healthcare providers, and institutions outside Texas.

Three Steps to Strengthen Your Family’s Legal Foundation

1. Second-Parent Adoption or an Adjudication of Parental Rights

For non-biological parents, a second-parent adoption remains the gold standard of legal protection. This court order permanently establishes the parent-child relationship and is recognized in all 50 states.

A second-parent adoption ensures that:

• Both parents have equal custody and decision-making rights
• The parent-child relationship cannot be challenged if the family relocates or dismantles
• Schools, hospitals, and courts must recognize both parents without question

Texas also allows some same-sex parents to pursue an adjudication of parental rights; a process rooted in parentage statutes historically used in paternity cases. While different in procedure, the outcome is similar: clear, enforceable legal recognition of both parents.

2. Powers of Attorney, Authorization Agreements, and HIPAA Forms

Even with established parentage, supplemental legal documents provide crucial protection in emergencies.

• Healthcare Powers of Attorney allow your spouse or partner to make medical decisions if you are unable to do so.
• Financial Powers of Attorney ensure continuity in managing finances during illness or incapacity.
• HIPAA Authorizations grant access to medical information, preventing unnecessary barriers during critical moments.
• Authorization Agreements can give a non-biological parent temporary authority to make decisions for a child if needed.

Without these documents, institutions may default to biological relatives, even when that does not reflect your family structure.

3. Estate Planning for Long-Term Security

Estate planning allows you—not the state—to decide what happens to your children and assets.

A well-drafted estate plan can:

• Name guardians for your children
• Ensure your partner and children are provided for financially
• Reduce the risk of family disputes
• Align your legal legacy with your values and intentions

Absent these documents, Texas law will make those decisions for you, and the outcome may not reflect your wishes.

Moving Forward With Confidence

Even though the legal landscape for LGBT families is stable today—with marriage equality firmly in place and courts recognizing same-sex parents—thoughtful legal planning is what turns that stability into lasting security.

By completing a second-parent adoption or parentage order, preparing powers of attorney, and putting an estate plan in place, you replace uncertainty with clarity. These steps ensure that your family is protected—not just today, but for years to come. For guidance tailored to your family’s goals and circumstances, the attorneys at Goranson Bain Ausley offer informed, compassionate counsel. To learn more about LGBT custody rights in Texas, visit our resource page on LGBT child custody or speak with a GBA attorney about building a legal foundation that fully reflects the family you’ve created.

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