Legal Planning for LGBTQ+ Families in Oregon and Washington

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December 1, 2023
May 5, 2025
May 14, 2025
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LGBTQ+ individuals and couples in Oregon and Washington enjoy strong legal protections—but practical family planning is still essential. From parenting to property to healthcare, proactive legal steps can help LGBTQ+ families avoid unnecessary legal risk or ambiguity.

This post offers a general overview of key legal tools that LGBTQ+ clients often find helpful, whether married, unmarried, or co-parenting.

Parental Rights and Confirmatory Adoption

Even when both parents are listed on a birth certificate, legal parentage may be challenged in certain settings—especially when traveling or moving to a less protective state.

For LGBTQ+ parents, confirmatory adoptions help ensure both individuals have full, equal parental rights regardless of biology. This process provides:

  • A court judgment of legal parenthood
  • Enforceable rights nationwide
  • Protection if the birth parent dies or becomes incapacitated

Oregon and Washington allow second-parent and stepparent adoptions for married and unmarried couples.

Marriage and Property Planning

While marriage equality is the law of the land, asset protection and financial planning remain important. LGBTQ+ couples may consider:

  • Prenuptial or postnuptial agreements
  • Joint or separate property arrangements
  • Wills and trusts tailored to their family structure

In second marriages or blended families, thoughtful planning can help avoid disputes and ensure intentions are honored.

Estate and Healthcare Planning

For unmarried couples, or for those with unique family dynamics, having valid estate documents is critical. These include:

  • Wills and trusts
  • Durable powers of attorney
  • Advance healthcare directives
  • HIPAA authorizations

These tools ensure your partner or spouse can act on your behalf when needed—and that your wishes are followed.

Learn More

To understand how we support LGBTQ+ families with legal planning, visit our LGBTQ+ Family Law practice area page.

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