Concerns Rise Among LGBTQ+ Parents Over Legal Parentage Under Potential Trump Administration
In March 2023, Haley Swenson and her wife, Alieza Durana, welcomed a baby boy after three fertility treatments. Swenson, being the biological mother, was legally recognized as the parent. However, Durana faced the legal necessity of adopting her own son, a process they had delayed due to the financial burden it entails.
The reelection of Donald Trump has sparked a sense of urgency among LGBTQ+ families like Swenson and Durana’s, who fear potential legal challenges to their parental rights under the new administration. Queer parents nationwide are consulting attorneys and exploring legal measures to safeguard their family status amidst concerns that a Republican-led government might roll back protections for LGBTQ+ families.
Project 2025, a comprehensive document outlining priorities for a second Trump term, advocates for a focus on traditional nuclear families, potentially undermining LGBTQ+ parental rights. The document suggests repealing current LGBTQ+ equity policies, raising fears among queer families that existing legal protections could be revisited or overturned.
“The uncertainty is what’s really frightening,” said Swenson. “We need to do what we can to protect ourselves amidst the unknowns.”
Following Trump’s election victory, Swenson and Durana sought financial assistance from family and friends to hire an attorney, aiming to finalize the adoption before the presidential inauguration. Understanding that being on a birth certificate doesn’t guarantee legal recognition, especially for non-biological parents, they quickly gathered the necessary funds.
Legal experts, like Meg York from Family Equality, emphasize the importance of securing legal parentage through court orders, which ensure recognition across state lines under the “full faith and credit” clause of the U.S. Constitution. This can be achieved through adoption or parentage orders, providing legal security against potential legislative changes.
Attorney Meghan Alexander from Austin reports a significant increase in inquiries about second-parent adoptions since the election. She advises parents to pursue adoptions, which are more universally recognized and less susceptible to legal challenges compared to parentage orders, particularly in states like Texas.
Nancy Polikoff, a professor emerita and LGBTQ+ family law expert, notes the heightened concern among LGBTQ+ families seeking legal protection under a potentially unsupportive administration. While she doesn’t anticipate a reversal of marriage equality, she acknowledges the risk of states attempting to diminish parental rights.
The financial burden of securing legal protections is substantial. Swenson and Durana faced costs exceeding $6,000 for fertility treatments, compounded by the expense of the adoption process. Despite these challenges, they, like many others, prioritize securing their family’s legal status in uncertain times.
Swenson and Durana’s journey highlights the broader struggle LGBTQ+ families face amidst evolving political landscapes, emphasizing the need for proactive legal measures to ensure their parental rights are preserved and recognized.
