Even with marriage equality, LGBTQ+ families in New York still face gaps in legal protections. The bottom line: a marriage certificate alone isn’t enough to safeguard your rights. Families need to put key documents in place to ensure their wishes are respected when it comes to children, health care, and inheritance.
This blog is for LGBTQ+ couples and families in New York who want peace of mind. You’ll learn what rights need to be documented, which documents are often overlooked, and how New York’s unique laws can impact your estate plan. By the end, you’ll understand the steps you can take now to protect your family.
What rights still need to be legally documented for LGBTQ+ couples?
While marriage provides many protections, some rights don’t transfer automatically. Courts and hospitals may still default to blood relatives over partners unless you have clear documents in place.
Key areas that should always be addressed include:
- Guardianship for children – Non-biological parents are not automatically recognized, so guardianship must be clearly documented.
- Hospital visitation and medical decision-making – A health care proxy ensures your partner has the authority to act on your behalf.
- Inheritance rights – A will or trust secures property transfers to your spouse or partner. Without one, your assets could pass under state intestacy laws, which may – or may not – recognize your marriage.
- Financial authority – A durable power of attorney gives your partner the ability to handle financial matters if you’re incapacitated.
Without these documents, families risk uncertainty, disputes, and outcomes that don’t reflect their wishes.
What documents do LGBTQ+ couples often overlook?
Couples often assume that being legally married is enough. In practice, several critical documents are often left out, leaving families exposed. For example, second-parent adoption and healthcare proxies are essential safeguards. You can read more about these unique concerns in our blog on Unique Estate Planning Concerns for Members of the LGBTQ Community
Commonly overlooked protections include:
- Second-parent adoption – Essential for non-biological parents to secure parental rights, even when both parents are on the birth certificate.
- Healthcare proxies and living wills – Without these, medical decisions may default to relatives who may not support your wishes.
- Beneficiary designations – Retirement accounts and insurance policies pass directly to the named beneficiary, regardless of your will. Outdated forms can send assets to the wrong person.
- Cohabitation or parenting agreements – For unmarried couples, these agreements clarify financial responsibilities and parenting roles.
Taking the time to update these documents can prevent painful disputes and ensure your family is legally protected.
Are there New York-specific legal quirks LGBTQ+ families should know?
New York provides strong protections, but the details matter. Failing to plan properly can create costly complications.
- Strict guardianship and estate rules – The Surrogate’s Court requires formal appointments. Without clear designations, unsupportive relatives can challenge guardianship or estate administration.
- Healthcare defaults – Hospitals in New York still require proper healthcare proxies. Without one, medical staff may default to next of kin, not your partner. Even if you’re married, you may not have access to medical records needed to make an informed decision.
- Estate tax thresholds – New York’s estate tax applies at a lower level than federal law. Wealthier LGBTQ+ couples must plan carefully to avoid unnecessary taxes.
Because these quirks are specific to New York law, working with an experienced estate planning attorney is essential.
FAQs
Do LGBTQ+ families in New York still need second-parent adoption if they’re married?
Yes. Courts don’t always recognize non-biological parents automatically. Adoption provides the strongest legal safeguard, especially if you travel to a state or country that doesn’t respect your relationship.
Can my partner make medical decisions for me if I don’t have a health care proxy?
It depends. In New York, spouse may make decisions for you if you’re unable to make those decisions yourself. If you fall ill in another state, they may not have a default rule, or they may not be keen to recognize your spouse’s rights. Even in LGBTQ+ friendly states like New York, your spouse may have trouble accessing medical records without a legal healthcare proxy.
What happens if I don’t have a will in New York?
Without a will, state intestacy laws decide who inherits your property. If you’re not legally married, family members who you may be estranged from can end up with your assets.
Estate planning for LGBTQ+ families in New York requires more than just a marriage certificate. It means putting legal protections in place so your wishes are respected and your family is secure. At The Village Law Firm, we help families navigate these complexities with clarity and care.Take the next step today: schedule a legal planning session to protect what matters most.
