LGBTQ+ Family Formation and Protection
LBGTQ+ people have formed and protected our families for as long as we have existed - and we have always existed. We create family in infinite ways and the validity of our families does not start or end with the law. Here at femme & femme LLP, we believe the legal system is just one of many tools at our disposal to affirm the dignity of our communities, but it is an important one. At a time when queer people and queer families are facing increased violence and legal attacks on our validity, we are passionate about levering the legal protections available to LGBTQ+ Californians to the greatest extent possible.
Prenuptial agreements, egg and sperm donation agreements and confirmatory adoptions/parentage judgments are some of the ways in which LGBTQ+ people and our allies may affirm their families. Each of these legal documents work differently and serve different purposes, but they all unite in the larger goal of protecting what is sacred to you and those you love.
Often, allowing yourself to say “yes” to the dream of growing your family isn’t the biggest hurdle, although that step takes much courage. A great deal of the challenge comes from the stress of navigating a world in which it is exponentially harder for LGBTQ people to get pregnant, affirm their parentage and protect their families. As queer attorneys, we understand the cost of that hardship is extremely high - emotionally, physically and financially.
We are here to help clear by explaining the law, drafting the necessary documents and securing the legal recognition you and your family deserve. We delight in working with loving families of all flavors.
Why does a confirmatory adoption matter?
A confirmatory adoption is a court process where an individual who is already a legal parent to a child adopts their own kid. The process results in a court order that recognizes the parents of a child, an important legal document for anyone who could be at risk of having their parentage challenged.
Since LGBTQ+ parents often use assisted reproduction to expand their families, often one or both of a child’s parents may not share genetics with their child. Sometimes homophobic state legislatures or individuals acting in bad faith will exploit this distinction to challenge parenthood of the non-genetic parent. If the non-genetic parent has gone through the confirmatory adoption process, their parentage is secured and recognized by the state. Under the Full Faith and Credit Clause of the Constitution, other state legislatures must recognize a court order affirming the parent-child relationship in another state.
California has some of the best laws relating to the recognition of queer families. Nevertheless, confirmatory adoptions means the state has recognized you and your-coparents(s) as legal parents, which is essential for separation, divorce, death, or out-of state travel or move should you ever been in the brutal situation of defending your parenthood.
We recognize that this process may raise feelings for our clients. Among other emotions, it can be anger-inducing, frustrating or grief-ridden to need to adopt your own child. We will hold space for your emotions around the process while also ensuring it is done correctly.
Why Choose femme & femme LLP to Support Your Growing Family?
We Understand Your Unique Challenges
As queer nonbinary femmes, we intimately understand the legal needs and concerns of LGBTQ+ people, polyamorous families other magical family structures that have struggled to receive the protection and care they deserve. We've navigated these problematic legal systems ourselves and bring both legal expertise and lived experience to your case.
We Center Your Dignity and Liberation
Our practice is grounded in liberation. We believe:
LGBTQ+ families deserve recognition
First-generation children & their immigrant families deserve respect
Polyamorous families need advocates
QTBIPOC people and families are the most vulnerable
Chosen family is real family
We Provide Compassionate, Expert Service
We handle all the legal complexity so you can focus on what matters—protecting the people you love. We care to:
Explain everything in plain language
Answer all your questions
Make the process as simple as possible
Provide ongoing support
Treat you with dignity and respect
Ready to Grow Your Family?
Estate planning gives you peace of mind and protects the people you love.
Schedule a consultation today to discuss your estate planning needs.
Contact Femme & Femme LLP
Address:
1300 Clay St. Suite 600
Oakland, CA 94612
Phone: (510) 241-2536
Serving the Bay Area & Across California
We delight in working with clients across the Bay Area (we are looking at you Oakland, Berkeley, Alameda, San Leandro, Richmond, Emeryville, and San Jose). But as savvy tech users with an understanding of our clients’ busy lives, we also welcome zoom appointments with clients across the best state. So whether you’re Santa Cruz, Sonoma County, or San Diego, don’t hesitate to reach out.