Modern Parenthood & LGBTQ+ Family Law with Christine Andersen – Episode 21

In episode 21 of Cases & Cocktails, Bryan and Janice Eggleston are joined by Christine Andersen, an experienced Austin-based family law attorney and founder of CHA Law. With nearly two decades of practice, Christine offers a deep dive into LGBTQ+ family law, parentage rights, and assisted reproductive technology (ART) in Texas.The episode is packed with thought-provoking discussion about what it means to form a family in the modern legal landscape and how attorneys can proactively help clients avoid legal battles in the future. Helping People “Make Babies”Christine’s practice is focused on a unique corner of family law: helping people legally create families, often involving known sperm donors, reciprocal IVF, and surrogacy agreements. She highlights the importance of putting agreements in place before conception to clarify intent, establish parentage, and prevent future disputes.She discusses scenarios in which couples (often same-sex partners) may need legal agreements to protect the rights of both parents. For example, while Texas law offers a presumption of parentage for married couples, a second-parent adoption remains the most secure option, particularly when considering potential relocation or unexpected legal challenges.Parentage, Donor Rights & Second-Parent AdoptionChristine walks through the components of donor agreements, especially when a known donor is involved. These often include:Explicitly stating that the donor is not a legal parent and holds no parental rights or obligations (e.g., no child support).Clarifying rights to embryos or genetic material.Setting timelines for a non-biological parent to adopt the child, strengthening legal recognition and protections.She explains how a second-parent adoption not only formalizes the relationship but also protects families in the event of a breakup, death, or CPS involvement, regardless of where they live in Texas.Family Law Challenges for the LGBTQ+ CommunityChristine shares insights into how recent Texas legislation has created additional hardships for LGBTQ+ individuals and families, especially the transgender community. From being unable to update driver’s licenses and birth certificates—even with court orders—to planning “exit strategies” out of the state, Christine underscores the emotional toll and legal uncertainty many families now face.She urges lawyers to approach LGBTQ+ clients as they would any trauma survivor—with compassion, understanding, and up-to-date knowledge of shifting legal landscapes.The Informal Marriage TrapAnother highlight of the episode is a discussion about informal marriage (common law marriage). In same-sex relationships, particularly those predating the 2015 marriage equality ruling, issues often arise around whether a marriage existed long before it was formally recognized. These cases can become contentious during divorce, especially when one partner views it as a decades-long relationship while the other claims they were never married at all.Final ThoughtsThis episode of Cases & Cocktails stands out not just for its legal insight but for its heart. Christine’s dedication to helping families form with intention and protection is clear, and her advocacy for LGBTQ+ rights within the Texas legal system is timely and necessary.This episode is a must-listen for anyone navigating parentage, LGBTQ+ family planning, or reproductive law in Texas.📅 Learn more at chalaw.com