San Antonio LGBTQ Family Law Attorneys

The laws pertaining to LGBTQ people are constantly evolving. While Texas recognizes same-sex marriages, that does not necessarily mean that the LGBTQ community no longer faces unique legal problems and discrimination, especially when it comes to family law.

No matter the family law issue you are facing, the San Antonio LGBTQ family law attorney at Hoelscher Gebbia Cepeda PLLC can offer sound direction, guidance, and solutions that will fit your individual circumstances and needs.

Legal Rights & Protections for LGBTQ Families

LGBTQ families in Texas have key legal rights and protections, but ongoing political and legal developments continue to shape the landscape. The 2015 Obergefell v. Hodges ruling guarantees same-sex couples the right to marry and access related benefits such as inheritance, tax advantages, and healthcare decision-making. However, securing parental rights remains crucial, particularly for non-biological parents, as birth certificates alone may not guarantee full legal recognition. Adoption remains a vital step for LGBTQ couples to protect their parental status in case of separation, divorce, or other legal challenges. With recent legislative shifts in Texas, LGBTQ families must take proactive legal steps to safeguard their rights.

While federal law provides certain protections, Texas has introduced legislation that creates obstacles for LGBTQ individuals and families. The 2023 passage of Senate Bill 14 (SB 14), which bans gender-affirming care for minors, is one example of state policies restricting LGBTQ rights. More recently, the Texas Attorney General sued a healthcare provider for allegedly continuing to offer gender-affirming care to minors, signaling increased enforcement. Additionally, the 2025 legislative session has seen a surge in proposed anti-LGBTQ bills, including restrictions on transgender rights, reflecting broader national trends. These legal and political shifts could have indirect consequences for family law matters, including parental rights and custody disputes where LGBTQ identity may become a factor.

Given the evolving legal landscape, it is critical for LGBTQ individuals and families in Texas to take proactive steps to protect their rights. Legal tools such as adoption, prenuptial and postnuptial agreements, and estate planning documents—including wills, trusts, and powers of attorney—can provide essential protections. Consulting with an experienced LGBTQ family law attorney is more important than ever to navigate these challenges, ensure legal security for families, and advocate for equal rights in the face of ongoing legislative changes.

Common Law Marriage for The LGBTQ

In Texas, same-sex couples can enter into a common law marriage, also called informal marriage. A common law marriage is a lawful marriage absent a ceremony and other related formalities attached to traditional marriages. However, it can only be entered into if the same-sex couple meets certain legal requirements.

For instance, an informal marriage doesn’t depend on the length of time a couple has been cohabitating or whether they have children together. It’s as lawfully valid as formal marriages, and the couple can receive the same benefits and legal rights as formally married couples.

LGBTQ Divorce

Ending a marriage can be immensely challenging and overwhelming for all kinds of couples. Figuring out which asset belongs to whom and dividing property during a divorce is often contentious but can be especially more complex when same-sex couples divorce. Before the legalization of same-sex marriage in all states in 2015, many same-sex couples entered into common law marriages in states where same-sex marriages are allowed.

Establishing the official start of a marriage is crucial in a same-sex divorce case because that date explicitly shows when the couple started a community property estate, which will significantly affect the interplay between community property rights and separate property rights of the couple and their own estates.

Child Custody

Although a same-sex divorce involving kids will be subject to the same statutes and rules that govern other parent-child cases, same-sex divorces involving child custody matters present unique circumstances and facts that can make them more complicated.

For example, in a child custody dispute between a biological parent and an intended or non-legal parent, some courts may be more inclined to award the biological parent managing conservatorship over the other parent. This issue is also commonly raised in custody disputes in which the other parent did not complete a second-parent adoption.

Adoption & Parental Rights for LGBTQ Families

Adoption is a crucial legal tool for LGBTQ families in Texas, providing security and recognition for parental rights. For same-sex couples, there are several pathways to adoption, including step-parent adoption, second-parent adoption, and joint adoption. Step-parent adoption allows a spouse to adopt their partner’s biological or legally adopted child, but the noncustodial parent must terminate their parental rights before the adoption can proceed. Second-parent adoption, which enables a non-biological parent to gain legal rights without affecting the rights of the biological parent, is not explicitly recognized under Texas law, making it essential to navigate the process carefully with legal assistance. Joint adoption, where both parents adopt a child simultaneously, is the most straightforward option for same-sex couples adopting together, ensuring equal parental rights from the outset.

Non-biological parents in LGBTQ families must take additional legal steps to protect their parental status. While Texas issues birth certificates listing both same-sex parents, these documents do not carry the same legal weight as an adoption decree in all jurisdictions. In cases of divorce, death, or custody disputes, a non-biological parent without a formal adoption may struggle to assert parental rights. Additionally, surrogacy and assisted reproduction agreements must be carefully structured to reflect both parents’ intentions and ensure legal protections. Given the complexities of parental rights for LGBTQ families, working with an attorney experienced in LGBTQ family law is critical to securing legal parentage and safeguarding the family’s future.

Divorce & Property Division

Divorce can be a complex process for any couple, but LGBTQ spouses in Texas may face unique challenges due to evolving legal interpretations and lingering gaps in state law. While Obergefell v. Hodges granted same-sex couples the right to marry nationwide, many LGBTQ relationships existed long before legal recognition, which can create complications when determining marital versus separate property. For instance, a couple may have been together for decades but only legally married after 2015, making it difficult to fairly divide assets accumulated during their entire relationship. Additionally, Texas does not recognize common-law marriage for same-sex couples predating Obergefell, which can impact claims to spousal benefits or property rights when one spouse disputes the existence of a valid marriage.

Texas follows community property laws, meaning that any assets acquired during a legal marriage are typically divided equally in a divorce, regardless of each spouse’s income or contributions. However, proving ownership of assets can be particularly challenging for same-sex couples who combined finances or purchased property together before their marriage was legally recognized. This can lead to disputes over what qualifies as community versus separate property. Spousal support (or alimony) is also determined on a case-by-case basis in Texas, considering factors such as the length of the marriage and financial disparity between spouses. Given the complexities LGBTQ couples may encounter in divorce proceedings, working with an attorney experienced in LGBTQ family law is essential to ensuring a fair outcome that protects both parties’ rights and financial security.

Unique Adoption Issues Specific to The LGBTQ Community

LGBTQ people can and have adopted countless children for decades, adopt their partner’s biological children, and adopt children jointly, which makes both partners legal parents. However, they may still face some roadblocks. For example, some religious and private adoption agencies continue to fight for their “alleged” right to deny same-sex couples or LGBTQ people the right to adopt because it will violate their religious beliefs and freedoms.

Consult With an Experienced San Antonio LGBTQ Family Law Attorney Today

If you have any concerns or questions about a family law matter, you can count on the LGBTQ family law attorneys at Hoelscher Gebbia Cepeda PLLC for legal guidance. Our attorneys will guide you through all the legal hurdles you may need to navigate to ensure that you and your family are afforded the same legal protections and rights enjoyed by all families in Texas. Reach us online or call 210-222-9132 to schedule your appointment with our San Antonio LGBTQ family law attorney.