Protecting what matters: Family law for LGBTQ+ families during Pride Month and beyond

McNees Wallace & Nurick LLC
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McNees Wallace & Nurick LLC

June is Pride Month. It is a time to celebrate the strength, diversity, and resilience of LGBTQ+ individuals, couples, and families. It is also a time to recognize that, while progress has been made, legal protections for LGBTQ+ families still require careful planning and thoughtful support — especially when it comes to family law.

As a family law attorney, I work with clients who are building, protecting, or transitioning their families. For LGBTQ+ individuals and couples, this often means navigating unique legal challenges related to legal parentage, protecting financial interests, and ensuring custody and support arrangements that genuinely reflect their family’s values and realities.

Here are some key considerations for LGBTQ+ families:

1. Legal parenthood is not always automatic

Even when both partners raise a child together, the law may not always recognize both as legal parents. This is often true for families formed through assisted reproductive technology, surrogacy, or adoption. Many families find that pursuing second-parent or confirmatory adoptions can provide an added layer of security and peace of mind. Court orders help protect children, preserve benefits, and reduce the risk of future custody disputes.

2. Custody and support focused on the child and the family

Custody and support matters can sometimes bring up outdated assumptions or legal uncertainties for LGBTQ+ families. Thoughtful planning can help minimize conflict and keep the child’s best interests at heart. Resolving disputes respectfully benefits the emotional and legal well-being of the entire family.

3. Relationship protections beyond marriage

While marriage equality was a milestone, not all couples choose to marry. For unmarried partners, legal protections often require agreements about living arrangements, estate planning, and jointly owned property. Whether married or not, many couples benefit from clear legal guidance to protect finances, healthcare rights, and family responsibilities.

4. Supporting gender identity through legal steps

For transgender and nonbinary individuals, legal name and gender marker changes can be empowering but sometimes complex. I am proud to have supported the Lancaster Bar Association’s Name Change Clinic, which provides free legal help for this important process.

5. Laws are evolving, and so are we

As President of the Lancaster Bar Association, I have witnessed significant changes in family law that affect LGBTQ+ families. A recent example is the Pennsylvania Supreme Court’s decision in Glover v. Junior, which recognized intent-based parentage, focusing on who intends to be a parent — not just biology or marriage. This is a significant advance for families formed through assisted reproduction and other nontraditional methods.

To help legal professionals understand these changes, the Lancaster Bar is hosting a continuing legal education program on June 26. Attorney Helen Casale, who was involved in the Glover case, will present. She will also discuss House Bill 350, which would bring the Uniform Parentage Act to Pennsylvania, aiming to clarify and modernize parentage laws for all types of families.

Here to help your family

Pride Month is a time to celebrate and a reminder that every family deserves to be seen, supported, and protected under the law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© McNees Wallace & Nurick LLC

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