LGBTQ+ Families in Nebraska: What the Law Actually Does (and Doesn’t) Do for You

While the 2015 Supreme Court decision in Obergefell v. Hodges was a landmark win for marriage equality, the reality is that being legally married doesn’t automatically mean LGBTQ+ families are fully protected—especially in a state like Nebraska. Family law here hasn’t entirely caught up, and that gap leaves room for confusion, vulnerability, and frustration.

If you’re part of an LGBTQ+ family in Nebraska, there are still specific, often overlooked challenges—particularly around parental rights, adoption, healthcare access, and even something as basic as getting your identity documents updated. These aren’t just legal technicalities. They affect real people, in real time, in very real ways.

Let’s talk about it.

Parental Rights: Legal Recognition Isn’t Automatic

In Nebraska, the law generally allows for two legal parents per child—and that’s it. If you’re married and one partner is the biological parent, the other may still need to complete a second-parent adoption (or stepparent adoption if married) to be fully recognized under the law. Even if both names are on the birth certificate, that alone doesn’t always hold up in court.

Without this step, the non-biological parent may face significant barriers when it comes to custody, making medical decisions, enrolling a child in school, or even managing inheritance matters. It’s not just paperwork—it’s the difference between being legally protected and legally invisible.

Adoption and Foster Care: Still Not a Level Playing Field

Despite some progress, Nebraska still has policies in place that allow licensed child-placing agencies to refuse service based on “sincerely held religious beliefs.” That’s a nice way of saying that LGBTQ+ individuals and couples can still be turned away. Nebraska Revised Statute § 43-1301 gives agencies this discretion, and it disproportionately affects queer families looking to foster or adopt.

So while adoption is legally allowed, that doesn’t mean it’s always accessible.

Gender-Affirming Care: Legal Barriers and Real Harm

In 2023, Nebraska passed LB574, which restricts gender-affirming care for minors. That means families seeking this care for their kids are facing both legal and logistical obstacles, especially in rural parts of the state where access to specialized providers is already limited.

This issue is bigger than just healthcare policy. It’s about safety, affirmation, and the ability for families to make personal decisions without interference from the state.

Legal Documentation: One System, Two Realities

If you’re a transgender Nebraskan, updating your documents is a mixed bag. Changing your driver’s license or state ID is possible with a provider’s note or self-attestation. But changing the gender marker on a birth certificate? Nebraska still requires proof of “sex reassignment surgery,” usually interpreted as genital surgery.

That’s a huge, often unnecessary barrier—and one that most people don’t realize exists until they’re already knee-deep in paperwork and frustration.

How to Protect Yourself and Your Family—Proactively

Here’s where the rubber meets the road. Whether you’re married or not, whether you have kids or not, legal protection for LGBTQ+ families in Nebraska isn’t something you want to put off.

Secure Parental Rights Through Adoption

If you’re not the biological parent—or even if you are but your legal standing could be challenged—go through the second-parent (or stepparent) adoption process. This gives you airtight legal rights in emergencies, during school enrollment, and in the event of a breakup or death.

Comprehensive Estate Planning

This means more than just a will. You’ll want to set up healthcare proxies, financial powers of attorney, guardianship designations, and clear asset distribution instructions. Married or not, this is critical if you want to make sure your wishes are honored and your loved ones are protected.

Work With an LGBTQ+-Competent Attorney

The legal landscape here isn’t exactly intuitive, and it’s changing. Having someone in your corner who knows how to navigate this stuff—and who understands the lived reality of LGBTQ+ families—can make all the difference.

Stay Informed

Laws are changing. And while many shifts feel like setbacks, others are progress. Staying up to date ensures you can adjust when necessary and advocate when it counts.

Final Thought

Yes, Nebraska is a tough state for LGBTQ+ families in some ways—but it’s also your home. That means your family, your rights, and your protections matter just as much here as anywhere else. You shouldn’t have to fight harder just to be recognized—but if you do, you deserve to be armed with clarity, support, and legal power.

If you’re ready to take the next step in protecting your family, I’d be honored to help. Contact me at 402-259-0059 or zach@zandersonlaw.com.