Family Law for Same-Sex Couples in Alabama: What You Need to Know

🏳️‍🌈 Happy Pride Month from Ryan & Rouse! 🏳️‍🌈

Pride Month is about celebrating equality, visibility, and the right to live and love freely. But even after landmark legal victories for LGBTQ+ families, many same-sex couples in Alabama still face legal uncertainty — especially when it comes to family law issues like custody, adoption, and estate planning.

At Ryan & Rouse, we’re proud to stand with LGBTQ+ families and provide legal services that affirm and protect your rights. Here’s a quick guide to some of the most important legal topics for same-sex couples in Alabama.

1. Same-Sex Marriage Is Legal — But Legal Planning Still Matters

Since the U.S. Supreme Court’s decision in Obergefell v. Hodges (2015), same-sex couples in Alabama have had the same legal right to marry as anyone else. That includes the right to:

• File taxes jointly
• Inherit property
• Make medical decisions for each other
• Share parental rights — with proper legal steps

However, simply being married doesn’t always protect your family, especially if children are involved. That’s why legal planning is still essential.

2. LGBTQ+ Parentage and Custody Rights

Legal parenthood isn’t always automatic for same-sex couples, especially when only one parent is biologically related to the child. That can lead to serious custody risks if the relationship ends or if something happens to one parent.

In Alabama:

• A non-biological parent in a same-sex relationship should adopt the child to secure full parental rights — even if married to the biological parent.
• You may need to file for second-parent adoption or stepparent adoption to be recognized as a legal parent.
• If you separate, both parents may not automatically have equal custody rights unless they are both legally recognized as parents.

We can help you establish legal parentage to protect your relationship with your child, no matter how your family was formed.

3. Estate Planning for LGBTQ+ Families

Many LGBTQ+ clients assume that being married gives them all the protections they need — but that’s not always true, especially in the event of illness or death.

We recommend every same-sex couple have:

• A Last Will and Testament
• Powers of Attorney (medical and financial)
• Advance Directives for Healthcare
• A properly titled joint tenancy or transfer-on-death deed, if applicable

These documents ensure that your wishes — not your biological family’s — are honored, and that your partner or spouse has full authority to care for you and manage your affairs if needed.

4. Protecting Your Rights in Court

Whether you’re pursuing adoption, custody, divorce, or visitation, LGBTQ+ families deserve legal representation that understands their needs. At Ryan & Rouse, we treat every family with respect, dignity, and compassion.

We are proud to help same-sex couples:

• Finalize adoptions
• File for custody or visitation
• Create enforceable parenting plans
• Navigate separation or divorce
• Prepare estate planning documents that protect your partner and children

You Deserve to Be Seen — and Protected

Your family matters. Your love matters. And your legal rights matter.

This Pride Month and every month, Ryan & Rouse stands with the LGBTQ+ community. We’re here to help you build and protect the life and family you’ve chosen — with the full support of the law behind you.

📞 Call us at (256) 801-1000 to schedule a consultation and take the next step in protecting your family.