Middlesex County LGBTQ Family Lawyer

LGBTQ individuals and couples in Massachusetts enjoy many of the same family law rights and protections as their heterosexual counterparts, but that does not mean the legal landscape is always straightforward. In fact, LGBTQ family law matters often involve additional layers of complexity due to evolving statutes, unique parental relationships, and legal questions that are still being tested in courts. At Mark Liam Gannon, Attorney at Law, we understand how deeply personal and sensitive these issues are. Whether you are facing a divorce, negotiating custody, or looking to expand your family through adoption, you can depend on a dedicated LGBTQ family lawyer from our firm for assistance. Contact us today.

LGBTQ Family Law in Massachusetts

Massachusetts has been a national leader in recognizing and supporting the rights of LGBTQ individuals. It was the first state in the U.S. to legalize same-sex marriage in 2004 through the landmark Goodridge v. Department of Public Health decision. That ruling laid the foundation for many of the rights that LGBTQ families now exercise across the Commonwealth. But even with these advances, legal recognition does not always translate into legal clarity.

For example, LGBTQ couples who married in another state before same-sex marriage was recognized nationwide may encounter confusion over the date of legal marriage for purposes of divorce or property division. Similarly, parentage issues can arise when one partner is not the biological parent of a child, even if that individual has played a critical and consistent parental role.

Massachusetts law has been evolving to address these concerns. The Massachusetts Parentage Act, enacted in 2023, was a significant step forward. It recognizes diverse paths to parenthood, including those common in LGBTQ families such as assisted reproduction, surrogacy, and de facto parenting. This law is especially important for non-biological parents who previously faced barriers in being recognized as legal parents without going through a second-parent adoption process.

Even with these protections, it remains essential to have proper legal documents in place to establish parental rights. While the Parentage Act provides an avenue for recognition, proactive steps such as co-parenting agreements, guardianship paperwork, or formal adoption orders can prevent disputes and provide peace of mind.

Key Legal Issues for LGBTQ Families

Each LGBTQ family is unique, and legal needs can vary widely depending on the circumstances. However, certain family law matters arise more frequently and deserve close attention.

Divorce and Separation

When an LGBTQ couple decides to end their marriage or long-term partnership, the legal process is generally the same as for any other couple. Massachusetts is a no-fault divorce state, meaning that you do not need to prove wrongdoing by either party to obtain a divorce. However, specific concerns may emerge in LGBTQ divorces that require knowledgeable legal support.

Asset division can be particularly challenging if the couple had a long-term relationship prior to their legal marriage. The court typically considers the duration of the legal marriage when determining equitable division, which may not reflect the full history of the relationship. Mark Liam Gannon can help you make compelling arguments to ensure that your contributions to the partnership are recognized.

Child Custody and Parenting Plans

Parenting arrangements often present complex legal questions for LGBTQ families. If both individuals are recognized as legal parents under Massachusetts law, custody matters will proceed in much the same way as for heterosexual parents. However, if only one parent has legal recognition, the other may be at risk of losing contact or having limited rights, even if they have been a full-time parent since the child’s birth.

The courts in Massachusetts prioritize the best interests of the child, and in many cases, this includes maintaining a relationship with both parents. Our firm works to present your role in the child’s life clearly and effectively, using all available legal tools to support your parenting rights.

Adoption and Parentage Recognition

Adoption remains a critical legal safeguard for many LGBTQ families, especially in situations involving assisted reproduction or surrogacy. A non-biological parent can pursue a second-parent adoption to ensure their legal status is fully protected, regardless of marital status.

Even with the Massachusetts Parentage Act offering more inclusive definitions of parenthood, adoption orders carry the benefit of nationwide recognition. This is particularly important for families who may move out of state or travel frequently. Mark Liam Gannon can guide you through the adoption process, whether you are pursuing step-parent adoption, second-parent adoption, or adoption through a private agency or the foster care system.

Contact a Massachusetts LGBTQ Family Lawyer

At Mark Liam Gannon, Attorney at Law, we take the time to understand your family, your goals, and the legal protections you need. Our firm stays current with changes in Massachusetts law and court rulings that may affect your case. We also know how to advocate respectfully and assertively in sensitive situations, including those involving discrimination or implicit bias. Whether you are seeking a divorce, working through custody arrangements, or establishing legal parentage, we provide thoughtful and effective representation. Contact an LGBTQ family lawyer from our firm today.