Fearing Backlash, Queer Parents Seek Legal Protection for Their Families
As the prospect of a second Trump administration looms, LGBTQ+ parents across the country are hurrying to secure legal recognition for their families. The uncertainty surrounding the incoming president’s policies has created a sense of urgency, with many parents pushing to finalize adoptions or parentage orders before Donald Trump is officially sworn in for his second term.
For Haley Swenson and her wife, Alieza Durana, the 2024 election was a wake-up call. The couple had welcomed a baby boy in March 2023, but due to the legal recognition of Swenson as the biological mother, Durana, as the non-biological parent, had to adopt their child. With mounting expenses and the overwhelming responsibilities of parenthood, they had delayed the adoption process. However, after Trump’s re-election, the couple realized they couldn’t afford to wait any longer.
“Would the incoming administration strip away our rights to call ourselves moms?” Swenson asked. The uncertainty surrounding the future of LGBTQ+ protections prompted the couple to act quickly. They reached out to family and friends to raise the $3,500 needed to start the adoption process before Trump’s inauguration in late January.
The Threat to LGBTQ+ Families
The concern isn’t just hypothetical. The policies outlined in Project 2025, a 920-page document that details the priorities of a second Trump administration, show a clear intention to challenge LGBTQ+ rights. One section specifically calls for repealing policies that support LGBTQ+ equity, replacing them with policies that prioritize traditional family structures. These changes could affect the recognition of LGBTQ+ families across the country.
The document’s language has sparked fear among queer parents who worry about the potential loss of legal rights that have been hard-won over the years. In 2015, the U.S. Supreme Court’s landmark ruling in Obergefell v. Hodges secured marriage equality for same-sex couples. But with the shift in political power, LGBTQ+ families are concerned that even the most basic rights, like legal parentage, could be undermined.
Swenson’s worry is rooted in past actions and statements from members of the conservative legal establishment. After the overturning of Roe v. Wade in 2022, Justice Clarence Thomas suggested the possibility of revisiting other precedents, including Obergefell. This uncertainty has left many parents scrambling to ensure their families are legally protected.
The Adoption and Parentage Process
For LGBTQ+ couples, securing a legal parentage order or adoption is critical. This process ensures that both parents are recognized as the legal parents of their children, regardless of biological connection. Without this protection, one parent’s legal rights could be questioned, especially in states with more conservative stances on LGBTQ+ issues.
Attorneys like Meg York, the director of LGBTQ+ Family Law and Policy at Family Equality, have been inundated with calls from concerned parents. In a recent webinar, many participants were asking about the steps they could take to safeguard their families’ legal status. York emphasized the importance of a court order to ensure a parent-child relationship is recognized across state lines.
The two main options for LGBTQ+ couples are adoption and parentage orders. Adoption, which requires a court hearing and background checks, is available for both married and unmarried couples. It helps legally establish the non-biological parent as the child’s legal parent. Parentage orders, on the other hand, can be secured before the child’s birth, ensuring that parental rights are established immediately.
The Fear of Discrimination and Legal Uncertainty
Despite federal recognition of same-sex marriages, the legal landscape for LGBTQ+ families is still inconsistent, particularly at the state level. In states where conservative views dominate, the recognition of LGBTQ+ parents’ legal rights can be shaky, leaving families vulnerable.
Swenson, who lives in Utah—a state where more than 70% of voters supported Trump in the 2024 election—understands this risk all too well. She knows that in her county, convincing a judge of her humanity could be an uphill battle. “There’s just a lot of people out there who are really uncertain about what lies ahead,” she said. The worry isn’t just about the recognition of same-sex marriage, but the possibility of rolling back family protections that were once thought secure.
The push for adoption is not isolated to Utah. In Austin, Texas, attorney Meghan Alexander reported a sharp increase in inquiries about second-parent adoptions after the 2024 election. In the week following Trump’s victory, she received 26 calls—far more than the three she would typically get in a week.
Legal Options for LGBTQ+ Families
For parents like Swenson and Durana, securing a court order isn’t just about ensuring their status as legal parents—it’s about creating a foundation of security for their child. Without such protection, parents could face legal battles, particularly in states with less progressive laws.
While some states have more inclusive laws, many LGBTQ+ families are opting to take proactive steps to protect their rights. By securing an adoption or parentage order, they can ensure that their family is recognized across the U.S., regardless of where they live. These legal measures help mitigate the risks posed by potential changes in federal or state laws that could threaten the rights of LGBTQ+ parents.
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