Transgender Legal Concerns

• Texas lawmakers have set new rules. The law says a “man” or a “woman” is someone who is born that way based on body parts used for having children. This changes the way state records work.
• State agencies in Texas stopped letting people change the gender on driver’s licenses and birth certificates. The decision came after Attorney General Ken Paxton gave his legal opinion.
• Now, in Texas, kids are not allowed to get gender-affirming care, like puberty blockers or hormone therapy.
• A new law says if an insurance covers gender-affirming care, it must also pay for care for those choosing to go back to the sex they were assigned at birth.
• Schools now have more limits on teaching students about sexual orientation and gender identity.
• To understand these changes, people have to learn about the new rules around LGBTQ rights and what they mean for transgender people in Texas.

Overview of Transgender Legal Landscape in Texas

The legal situation for transgender people in Texas is now going through a lot of change. The Texas Legislature has made some new laws, and these laws change the way transgender people be seen and treated. The new laws give new meanings to things and also add limits on some identity papers and healthcare for transgender people.

This climate can make you feel alone or not sure where you stand with the law. To protect yourself and your family, it helps to know about these recent changes. Below, we will look at the specific changes in laws and see how Texas handles things compared to other states.

Recent Legislative Changes Affecting Transgender Rights

In the recent legislative session, Texas lawmakers spent a lot of time on bills about the transgender community. More than 100 bills like this were put forward. A smaller number were approved, but they still have a big effect. One important bill, House Bill 229, gives a legal meaning to “man” and “woman” in state law. The bill uses reproductive biology to make the definition. This change starts right away for anyone who wants to update their state documents.

This senate action comes after a legal opinion from the attorney general and a following executive order from the governor. All these things together show there is a plan to limit how the state sees gender identity. A new law, Senate Bill 1188, now says medical records have to show a person’s sex at birth. It also stops people from changing this easily. This could make both patients and their doctors feel unsure or worried about what they can do.

How Texas Laws Compare to Other States

Texas is not the only place to pass laws that impact the LGBTQ people. But, the state often leads when it comes to these moves. In Texas, the law says sex is based on biology. With this, Texas is now part of a group of over twelve other states that have made laws like this. This shows there is a growing split across the country about how the law should view transgender people.

At the federal level, rules can change when there are new executive orders. These orders try to explain what words like “sex” mean for federal agencies. But it is usually state law that brings the most change in daily life. For example, Texas is the first state that now makes insurance companies cover detransitioning care if they already cover gender-affirming care.

This step is different because other states did not pass bills like this. The ones there did not go through. Here is a quick look at how things have gone in new laws recently:

Step-by-Step Guide for Updating Texas ID Documents

Right now, changing the gender marker on a Texas ID is not possible. Still, it helps to know how things used to work. In the past, many transgender people in the LGBTQ community could update their documents by following certain steps. There is now a way for you to have a legal name change through the courts.

The old way to change a gender marker asked people to go to court. They needed to get a court order that said what their gender was. Once they had a court order, they could ask state agencies to update their records. Most people did these steps:

• You need to file a petition in court if you want a name or gender marker change.
• You have to go to a court hearing. A judge will talk about your petition and decide if it gets approved.
• After this, you get a certified copy of the court order.
• Take the court order and give it to the Texas Department of Public Safety. This is how you get a new driver’s license or ID in Texas with your updated gender marker.

But in 2024, the DPS policy changed. Now, the agency says no to court orders for gender change. This new rule blocks many people from moving forward. Because of this, legal help is now more important than it has ever been.

Navigating Gender Marker Changes on Birth Certificates

Changing the gender marker on a Texas birth certificate is now very hard, much like it is with driver’s licenses. The Vital Statistics Unit at the Texas Department of State Health Services keeps track of these records. This office is now acting like other state agencies. They are said to not accept court orders anymore if someone wants to change the sex shown on a birth certificate.

This rule gets more support from what the attorney general said and from new Texas laws. The laws say sex is only based on a person’s biology when they are born. But, this leads to a legal problem. Another Texas rule says people can fix their birth certificates if there is proof the document has something wrong in it. For many people with gender dysphoria, the sex written at birth is not right. It does not match their gender identity.

This puts transgender texans in a tough spot. If you cannot change this key document, you might have problems with your other ID cards and legal rights. Duggan Family Law can help you know what can still be done and if there are any options left.

Protecting Parental Rights and Navigating Custody

As a transgender parent, you care most about your children’s safety and happiness. But, when there is a dispute over custody, things can get tough, especially if someone brings up your gender identity. It is important to know your rights as a parent. You should also do what you can to keep your bond strong with your child.

A new law in Texas passed on September 1, 2025, called House Bill 1106, says that if a parent does not agree with their child’s gender identity, that parent cannot be found guilty of abuse or neglect just for that reason. This change can be very important in child custody cases, especially when both parents do not agree on how to help a child who is transgender or has a different gender identity.

To keep your family safe, you must use clear and strong words in any court order about custody. Duggan Family Law knows a lot about LGBTQ rights and family law and we can make sure your rights as a parent are set and protected.

Second-Parent Adoption Options in Texas

For many LGBTQ families, second-parent adoption can be a good legal way to protect the rights of the parent who is not the child’s biological parent. With this, the second parent will have the same rights and things they need to do as the parent who gave birth or first adopted the child. This makes sure that your child has two legal parents, no matter what might happen.

In Texas, it can be hard for LGBTQ people to feel safe under the law. Second-parent adoption helps give needed protection. It makes sure that both parents get the right to talk to doctors, help with school choices, and keep custody if something happens to the first parent or if the couple breaks up.

Family law can be a lot to figure out. This is true for everyone, and even more for those in the LGBTQ community. A second-parent adoption is important, and you should have someone with experience to help. Duggan Family Law knows how important it is to take care of your family’s future. The team will guide you through this process with focus and kindness.

Understanding Key Legal Factors in Transgender Divorce

When a transgender person wants to divorce, their gender identity may sadly be a problem in the process. The other side might talk about when the person changed their gender, if it happened before or after the marriage. A court can look at this and decide how it matters to the case, so it’s good to be ready for that.

For example, there can be legal arguments about if the marriage is valid. But this does not happen a lot after marriage equality became law all over the country. Now, people might try to use someone’s gender identity to change the court’s mind about who gets child custody or how to split things. A court order in a divorce is final, so it is very important to get these issues sorted out the right way at the start.

Because there is no clear legal rule right now and new legal views affect the LGBTQ community, it is important to have a lawyer by your side who knows how to put together a strong and careful case. You should focus on making sure the breakup or end of your relationship is fair for both people. This is not about fighting to prove who you are.

Safeguarding Your Rights During Divorce

Protecting your rights during a divorce in Texas means you might need to act early and always have good support on your side. A key thing you can do is to get a legal team that stays updated about the unique things the transgender community faces. This helps make sure your gender identity is respected by others and is not used against you in any way.

Your attorney will help you get ready for any arguments that might come up. They will help you make strong points using family law and lgbtq rights. This work may include collecting papers you need, getting you ready for questions about your transition, and making sure any court orders have clear words that keep your needs safe now and later.

At Duggan Family Law, we show care and stand by our clients when things feel tough. We make sure to protect your rights and help you feel sure about your future. We work so that your divorce is fair, and that your dignity stays in place from start to end.

Restrictions on Gender-Affirming Care and Insurance Issues

In 2023, Texas passed a law called Senate Bill 14. The law says no one under 18 can get gender-affirming medical care. This includes things like puberty blockers, hormone therapy, and surgeries. The Texas Supreme Court agreed with this law in 2024. Now, medical professionals in Texas cannot give these kinds of care to minors.

This has made many families stop the treatment they need or go to another state to get care. Along with this ban, a new law called SB 1257 may make getting insurance even harder. The law says if a plan pays for gender transition care, it must also pay for care if someone wants to go back or change that decision later.

Some people think this new rule in Texas could push insurance companies to stop covering gender-affirming care. They fear insurance companies might want to avoid paying more money. Because of this, Texas is one of the first places to see what insurance groups will do next. Many transgender adults feel unsure about what will happen to their coverage.

Legal Disputes in Healthcare for Transgender Youth and Adults

The rules for medical care in Texas are not only about physical treatments. House Bill 18 changes rural healthcare in the state. It stops its mental health programs for kids from being used for gender-affirming counseling if that counseling goes against the child’s biological sex. This leaves many LGBTQ youth without the support they need for their gender identity. This part of texas healthcare means those kids have less mental health care and comfort when they need it most.

These healthcare bans can also affect family law. In custody fights, one parent’s backing of their child’s need for gender-affirming care might start trouble. This is even more complicated because there is another law saying if a parent does not support their child’s choices, that is not counted as abuse. Parents have to deal with a very tough spot in this now.

Handling these legal disputes needs a good, clear idea of both healthcare law and family law. If you are working to get medical care for your child or if you face insurance denials as an adult, you need a legal advocate on your side. This is very important to protect your health and well-being.

What does this mean to you?

Navigating the legal system as a transgender person in Texas can be tough. Knowing your rights helps you get through. You may have questions about changing your name or about getting healthcare. Each step needs different information and support.

Our team at Duggan Law is here to help. We work with compassion and dedication. We want to give you the knowledge you need to make good choices about your legal needs. You are not alone in this. Duggan Family Law is ready to give support that fits your situation.

If you have questions or want help, you can contact us for guidance. Your rights and your well-being matter to us at Duggan Family Law.

Frequently Asked Questions

At Duggan Family Law, we meet transgender clients with respect, clarity, and unwavering advocacy. As members and allies of the LGBTQ community, our team understands lived experiences and what’s at stake—your identity, your family, your future—and we guide you through name and gender‑marker orders, custody and adoption issues, and divorce with dignity and care.

When laws and policies shift, we move quickly, explain changes in plain language, and build a plan that fits your life. We are lawyers who listen, stand up for you when it counts, and stay by your side from the first conversation to the final order—so your documents, your relationships, and your next chapter reflect who you are.