GLBT Family Law in Texas

Even though Texas is not a state that recognizes same sex marriages, you still have legal options to protect your rights. Finding out what legal documents to put in place can help you establish guidelines that serve your needs. Also, keep in mind that same sex marriage is an emerging area of law, very subject to change. At C.E. Borman & Associates, our attorneys stay up to date with laws and case rulings. We take a common sense approach to law and offer creative solutions to help you deal with GLBT issues.


  • Wills and Estate Planning. You can give your partner power of attorney for your financial or medical matters and leave your estate to your partner upon your death. Documents we use for LGBT couples include basic wills, HIPPA releases, advance directives for healthcare, durable powers of attorney, medical powers of attorney and declarations of guardian both for adults and minor children.
  • Cohabitation/partnership agreements. You can enter into a cohabitation agreement, which is a contract that defines agreed upon terms and conditions for cohabitation.
  • Property agreements. Property agreements are contracts that define your separate and co-owned property. If you decide to end your relationship, you can use mediation or collaborative law to resolve property disputes. If necessary, we can take your property dispute to trial.
  • Gestational surrogacy agreements. When you choose to conceive a child through a surrogate, we can help you draft an agreement that protects your rights to custody.
  • Second-parent adoption. Single parents in a same sex couple relationship can allow their partner to become a second parent through adoption. Courts in various counties vary on what they allow, but we can work with you to determine the best way to move forward.

Ending your relationship

When you’re in a GLBT relationship and want to end it, you face the same types of issues as heterosexual spouses who consider divorce. How will you divide your property? If you have children, how will you deal with custody issues? Staying out of court and resolving your disagreements through mediation, collaborative law or a negotiated settlement is certainly to your advantage. The reason is that Texas law doesn’t recognize same sex marriage, and how courts will rule is less predictable. However, contract law applies to agreements you’ve made and you may be able to resolve some matters through litigation based on contract law.