How to Legally Protect Your LGBTQ+ Family

How to Legally Protect Your LGBTQ+ Family

Author: Jaimie Kelton – Queer Parenting & LGBTQ Families'. August 31, 2026 Duration: 59:53

Is your LGBTQ family as legally protected as you think it is?

LGBTQ+ family law attorney Rachel Levy joins Jaimie to break down the legal steps queer and trans families should know about—from confirmatory and second-parent adoption to donor agreements, estate planning, healthcare decisions, name changes, gender markers, and more.

Rachel explains why being listed on your child's birth certificate may not be enough to establish parental rights, what families using known donors should put in writing, and why finding an attorney who actually understands LGBTQ+ family law matters.

They also dig into the realities facing trans adults and parents of trans kids right now, including name changes, document updates, privacy and safety concerns, and the enormous differences in protections from state to state. And while the political climate can feel terrifying, Rachel offers an important reminder: frightening headlines don't always tell the whole legal story, and meaningful protections for LGBTQ+ families are still advancing at the state level.

This episode isn't about panic. It's about knowing your rights, asking the right questions, and taking the extra steps that can help protect the people you love.

🏳️‍🌈 Key Takeaways

  • A birth certificate may not be enough to establish parental rights.
  • Confirmatory adoption can offer important legal protection.
  • Put known-donor agreements in writing.
  • Estate planning is essential for LGBTQ+ families.
  • Find an LGBTQ+-competent lawyer who practices in your state.
  • Parents of trans kids should understand name-change and gender-marker laws.
  • LGBTQ+ protections vary significantly from state to state.
  • Scary headlines don’t always reflect what’s actually happening legally.
  • There’s no single “right” way for LGBTQ+ and trans people to navigate safety.
  • The Uniform Parentage Act could help standardize protections across states.


🏳️‍🌈 About the guest(s)

Rachel Levy is an attorney with Jerner Law Group, an LGBTQ+ family law firm based in Philadelphia. Her practice focuses on adoption and assisted reproductive technology (ART), estate planning, family building, and transgender legal issues, including name changes and legal affirmation. Rachel is passionate about helping LGBTQ+ families understand their rights and take the legal steps needed to protect themselves and their children.


🏳️‍🌈 Resources Mentioned

Website: www.jernerlaw.com

Jerner Law’s LGBTQ+ Resources Hub: www.jernerlaw.com/lgbtq-resources/

Instagram: @jernerlawgroup


🏳️‍🌈 Interested in advertising? Email thequeerfamilypodcast@gmail.com


🎧 Loved this episode?

Support The Queer Family Podcast on Patreon for exclusive bonus content and help keep these stories alive!

OR become a paid subscriber through our RedCircle page for bonus episodes and one-time or recurring donations:

🔗 redcircle.com/thequeerfamilypodcast/exclusive-content


🏳️‍🌈 What resonated most with you?

Drop a comment, DM us, or email thequeerfamilypodcast@gmail.com—we love hearing your stories!

🏳️‍🌈 Let’s Connect!

Find us on IG, TikTok, Bluesky, & YouTube: @thequeerfamilypodcast 🏳️‍🌈 Watch full episodes on YouTube

🏳️‍🌈 Order the If These Ovaries Could Talk book 

🏳️‍🌈 Edited by: Jerson Barajas 🏳️‍🌈 Theme Song by: Tiffany Topol 🏳️‍🌈 Logo by: Daneen Stevenato 

🏳️‍🌈 Shop merch here. 🏳️‍🌈 Full transcript & episode info available on our website


🗳️ VOTE. 🏳️‍🌈🏳️‍⚧️ ADVOCATE. 🍼 BUILD QUEER FAMILIES.

The information shared in this episode is for educational purposes only and not a substitute for professional advice. Always consult a trusted professional for your specific situation!



Support this podcast at — https://redcircle.com/the-queer-family-podcast/exclusive-content

Advertising Inquiries: https://redcircle.com/brands

Privacy & Opt-Out: https://redcircle.com/privacy

Every family has a story, but the paths taken by LGBTQIA+ parents are often uniquely creative, filled with both profound joy and specific hurdles. The Queer Family Podcast-LGBTQ Families & Queer Parenting Stories is a weekly space where those narratives take center stage. Host Jaimie Kelton, a queer mom herself, guides conversations that are as laugh-out-loud funny as they are deeply moving. Each episode features candid interviews with a diverse range of guests, all sharing the intimate details of how they built their families-from adoption and fostering to IVF, surrogacy, and co-parenting. You’ll hear how these families navigate school systems, healthcare, and everyday social situations, tackling challenges with resilience and humor. This podcast digs into the real stuff of queer family life, covering topics across parenting, health, fitness, and sexuality, all through an authentic LGBTQ lens. The goal isn’t just to share stories; it’s to normalize and celebrate the beautiful spectrum of ways to create a home. Tune in for a sense of community, practical insights, and a powerful reminder that family is about love, in all its forms.
Author: Language: en-us Episodes: 50

The Queer Family Podcast – LGBTQ Families & Queer Parenting Stories
Podcast Episodes
They Raised a Family While Hiding Their Love | The Rainbow Aunties [not-audio_url] [/not-audio_url]

Duration: 1:00:03
Wilma and Marilyn—better known as The Rainbow Aunties—have loved each other for more than four decades. But for much of that time, they couldn't live openly as a couple.In this moving conversation, they share how they fe…
Known Donors, IVF & One Very Special Embryo [not-audio_url] [/not-audio_url]

Duration: 56:47
When Calypso and her wife Nat decided to start their family, they never imagined the twists and turns ahead. From navigating the UK's fertility system and searching for a known donor to traveling internationally for IVF,…
From Closeted Mormons to Gay Dads of Three [not-audio_url] [/not-audio_url]

Duration: 48:58
Jake and Sean never expected a conversation on Grindr to lead to marriage, parenthood, and three kids at once.Raised in conservative Mormon families, both men spent years trying to reconcile their faith with their sexual…
Queer Parents, Preteens & Puberty with José Rolón [not-audio_url] [/not-audio_url]

Duration: 24:46
The babies aren't babies anymore.In this candid conversation, Jaimie sits down with returning guest and friend José Rolón (NYC Gay Dad) to talk about parenting preteens and teenagers as LGBTQ+ parents. From puberty and e…
Raising Donor-Conceived Kids With Honesty and Pride [not-audio_url] [/not-audio_url]

Duration: 36:58
In Part 2 of the conversation with donor conception expert, author, therapist, and podcaster Lisa Schuman, Jaimie flips the roles and asks the questions, diving deep into donor conception, queer family building, and the…
Donor Conception, Pride & Intentional Parenting [not-audio_url] [/not-audio_url]

Duration: 40:22
Jaimie sits down with therapist, author, podcaster, and donor conception expert Lisa Schuman. Lisa turns the mic on Jaimie as they explore the origins of The Queer Family Podcast, the emotional realities of donor concept…
Love, Transition & Parenthood with Jake and Hannah Graf [not-audio_url] [/not-audio_url]

Duration: 1:02:41
Jaimie and special co-host José Rolón (@nycgaydad) sit down with married couple Jake and Hannah Graf — authors, advocates, and parents of two — to talk about love, transition, intentional family building, and the beautif…
Known Donor, Reciprocal IVF & Three Kids Later | Vanessa & Jory [not-audio_url] [/not-audio_url]

Duration: 51:37
Vanessa and Jory of @modernfamilynextdoor join the Pride Extravaganza to share their journey from closeted college classmates to raising three children together. They open up about religious shame, coming out to family,…
Real Dads Carry Their Babies: Two Trans Dads Build a Family [not-audio_url] [/not-audio_url]

Duration: 39:50
Chase and Oliver share their journey to becoming parents as two trans dads navigating IVF, pregnancy, identity, and queer family building.The couple opens up about meeting as lesbians before both later coming out as tran…