June is Pride Month—a time to celebrate love, family, and the progress that has been made toward equality for LGBTQ+ individuals and couples. It is also an opportunity to reflect on the importance of protecting the legal rights that many families have worked so hard to secure.
Since the U.S. Supreme Court’s decision in Obergefell v. Hodges in 2015, same-sex couples have had the constitutional right to marry nationwide. In 2022, Congress passed the Respect for Marriage Act, which requires states and the federal government to recognize valid same-sex marriages performed elsewhere, even if future legal developments were to alter the constitutional landscape. However, the Respect for Marriage Act does not fully replace the protections provided by Obergefell, and many LGBTQ+ families are understandably considering how to strengthen their legal protections for the future.
For families in New Jersey and Pennsylvania, there are several important steps that can provide additional security and peace of mind.
1. Consider a Confirmatory or Second-Parent Adoption
One of the most important legal protections available to LGBTQ+ parents is obtaining a court order establishing parentage through adoption.
Many parents assume that being listed on a child’s birth certificate is sufficient to protect their parental rights. While birth certificates are important evidence of parentage, they are administrative documents. An adoption decree is a court order that creates a legally recognized parent-child relationship and is generally entitled to recognition throughout the United States.
New Jersey Families
New Jersey has been a leader in recognizing LGBTQ+ parental rights. The state’s modern parentage laws provide significant protections for families formed through assisted reproduction and other family-building methods. Nevertheless, many family law attorneys continue to recommend confirmatory adoptions because they provide an additional layer of protection through a court-issued judgment that can be relied upon nationwide.
Pennsylvania Families
Pennsylvania courts have long recognized second-parent adoptions for LGBTQ+ families, and they remain an important tool for securing parental rights. For non-biological parents, particularly in families formed through assisted reproductive technology, a second-parent adoption can help eliminate uncertainty and create a permanent legal parent-child relationship recognized across state lines.
For many LGBTQ+ parents, obtaining an adoption decree is one of the most powerful ways to safeguard their relationship with their child.
2. Create a Comprehensive Estate Plan
Every family should have an estate plan, but it can be especially important for LGBTQ+ couples who want to ensure their wishes are clearly documented and legally enforceable.
A comprehensive estate plan should generally include:
- A Last Will and Testament
- Durable Financial Powers of Attorney
- Advance Healthcare Directives
- Guardianship nominations for minor children
- Trust planning when appropriate
Without these documents, decisions about your healthcare, finances, and property may be governed by default state laws rather than your personal wishes.
For parents, estate planning also allows you to nominate guardians and establish clear plans for your children’s care if something unexpected happens.
3. Consider a Prenuptial or Postnuptial Agreement
Prenuptial agreements are not just for high-net-worth individuals. They can be valuable planning tools for any couple.
Many LGBTQ+ couples built lives together long before they were legally able to marry. They may have purchased homes, started businesses, accumulated retirement assets, or built significant wealth before marriage equality became available nationwide.
A carefully drafted prenuptial or postnuptial agreement can:
- Clarify ownership of premarital assets
- Protect family businesses
- Address inheritance expectations
- Reduce future conflict
- Provide financial certainty for both spouses
These agreements can be particularly useful for couples entering second marriages or blending families.
4. Execute Healthcare Directives and Powers of Attorney
Healthcare crises often occur unexpectedly. Advance planning helps ensure that the person you trust most is able to act on your behalf.
Healthcare directives and powers of attorney can:
- Designate who may make medical decisions if you become incapacitated
- Clarify your treatment preferences
- Provide access to medical information
- Avoid disputes among family members
Although marriage provides important legal rights, these documents remain essential tools for every adult.
5. Keep Important Family Documents Organized
Families should maintain secure copies of important legal documents, including:
- Marriage certificates
- Adoption decrees
- Birth certificates
- Estate planning documents
- Powers of attorney
- Healthcare directives
- Surrogacy agreements
- Parentage judgments
Having these documents readily available can help avoid delays and complications when proof of legal relationships is required.
Pride Month Is a Time to Celebrate—and Plan
Pride Month is a celebration of visibility, resilience, and the diverse families that strengthen our communities. It is also a reminder that legal protections should never be taken for granted.
While New Jersey and Pennsylvania both provide important protections for LGBTQ+ families, proactive planning remains one of the best ways to safeguard your spouse, your children, and your future.
At Martine, Katz Scanlon & Schimmel, P.A., we are proud to serve LGBTQ+ individuals and families throughout New Jersey and Pennsylvania as allies to the community. If you have questions about second-parent adoptions, confirmatory adoptions, prenuptial agreements, or other family law matters, our team is here to help you protect what matters most.