Best Same Sex & LGBT Lawyers in Brooklyn

About Same Sex & LGBT Law in Brooklyn, United States

Brooklyn is one of five boroughs of New York City and is subject to city, state, and federal laws. Legal rights for same-sex and lesbian, gay, bisexual, and transgender - LGBT - people in Brooklyn reflect a combination of federal rulings, New York State statutes, and New York City ordinances. Key milestones include recognition of same-sex marriage, explicit prohibitions on discrimination based on sexual orientation and gender identity, and laws that address family law, health care access, and protections for transgender people. Because Brooklyn cases are handled in Kings County courts, local procedures matter - for example, family law matters go to Family Court or the Supreme Court - Matrimonial Part, while probate and estate matters go to Surrogate -s Court.

Why You May Need a Lawyer

Legal issues affecting same-sex and LGBT people often involve complex interactions between family law, public benefits, civil rights, health care, immigration, and criminal law. You may need a lawyer if you are dealing with:

- Marriage, divorce, annulment, separation agreements, or spousal support.

- Adoption, second-parent adoption, custody, guardianship, or disputes over parental rights.

- Assisted reproduction, surrogacy agreements, donor contracts, or establishing legal parentage.

- Name changes and gender-marker changes on identity documents, birth certificates, or passports.

- Employment, housing, or public-accommodation discrimination or harassment.

- Hate crimes, bias incidents, or criminal matters where sexual orientation or gender identity is implicated.

- Immigration issues for binational couples, including petitions for marriage-based residency or asylum claims based on persecution for sexual orientation or gender identity.

- Estate planning, wills, powers of attorney, medical proxies, and ensuring a partner or nonbiological parent has legal authority.

- Domestic violence or intimate partner violence - obtaining orders of protection and navigating family court.

Local Laws Overview

Several layers of law protect LGBT people in Brooklyn.

- Federal law: The U.S. Supreme Court rulings recognize same-sex marriage nationwide and provide employment protections for sexual orientation and gender identity in many contexts. Federal immigration, benefits, and constitutional protections also apply.

- New York State law: New York has statutes and reforms that expressly protect people from discrimination on the basis of sexual orientation and gender identity. The state legalized same-sex marriage several years ago and has laws governing parentage, surrogacy, and access to health care. The Child-Parent Security Act clarifies parentage rules for assisted reproduction and surrogacy. New York also prohibits conversion therapy for minors.

- New York City law: The New York City Human Rights Law offers broad protections against discrimination in employment, housing, education, and public accommodations for sexual orientation and gender identity or expression. The NYC Commission on Human Rights enforces these protections. City agencies also provide targeted services for LGBT residents, including health, housing, and youth programs.

- Courts and procedures: In Kings County (Brooklyn) you will use Family Court for many child and custody matters, Supreme Court - Matrimonial Part for divorces, Surrogate -s Court for estates and probate, and local county clerk offices for name changes. Administrative remedies exist to file discrimination complaints with the NYC Commission on Human Rights or with the New York State Division of Human Rights.

Frequently Asked Questions

Are same-sex marriages performed in Brooklyn recognized in New York and federally?

Yes. Same-sex marriages performed in Brooklyn or elsewhere in New York State are recognized by New York State and by federal law. Federal recognition affects taxes, Social Security, immigration petitions, and federal benefits. If you were married in another jurisdiction where same-sex marriage was lawful, New York recognizes that marriage.

Can same-sex couples adopt or gain parental rights in Brooklyn?

Yes. Same-sex couples can adopt in New York. There are processes for joint adoption, second-parent adoption, and parentage orders after assisted reproduction. If one partner is a biological parent and the other is not, taking legal steps such as second-parent adoption or pre-birth parentage orders can secure parental rights and avoid future disputes. An attorney can advise on the best process for your situation.

How do I change my name and gender marker on my documents in New York?

You can seek a court-ordered name change through the county clerk or Supreme Court, and you can apply to the New York State Department of Health to amend a birth certificate. New York allows gender-marker changes on many identity documents; some changes require a physician -s affirmation or a court order depending on the document and current rules. Because rules vary by document and may change over time, an attorney can explain the required forms and supporting statements.

What protections do I have if I face discrimination at work, housing, or in public places?

New York State and New York City prohibit discrimination based on sexual orientation and gender identity in employment, housing, education, and public accommodations. Federal protections also apply in many employment contexts. If you experience discrimination, you can file an administrative complaint with the NYC Commission on Human Rights or the New York State Division of Human Rights and may also have a private civil claim. An attorney can advise which route is best and help preserve evidence.

How long do I have to file a discrimination complaint or lawsuit?

Deadlines for filing administrative complaints and lawsuits vary depending on the agency and the cause of action. Administrative complaint windows can be relatively short, and statutes of limitations for civil claims vary. Because time limits can affect your legal options, it is important to seek advice promptly after an incident occurs to preserve rights and comply with filing deadlines.

What are my custody and visitation rights if I separate from my partner?

Custody and visitation are decided based on legal parentage and the best interests of the child. If both partners are legal parents through birth, adoption, or a parentage order, both have parental rights. If one partner is not a legal parent, that partner should take steps to establish parentage as soon as possible. Courts handle custody disputes in Family Court or Supreme Court depending on the nature of the case.

Is surrogacy and assisted reproduction legal in New York?

Yes. New York State has enacted laws that permit surrogacy and clarify parentage for children born through assisted reproduction. The Child-Parent Security Act and related regulations set the legal framework for gestational surrogacy agreements, intended parents - rights, and protections for all parties. Proper legal agreements and court approvals are important to secure parental rights and comply with state law.

What can I do if I face domestic violence or need an order of protection?

Victims of domestic violence - including same-sex and LGBT survivors - can seek orders of protection through Family Court or criminal court. New York provides resources and services for survivors, including hotlines, shelters, and victim advocates. An attorney or an advocate at a family justice center or domestic violence organization can help you file for protection, collect evidence, and obtain related emergency relief.

How do immigration laws affect binational same-sex couples?

Immigration law recognizes marriages between same-sex partners for purposes of family-based petitions if the marriage is valid where it was performed. Binational same-sex couples may seek green cards, citizenship pathways, or other immigration relief, but immigration rules are complex and often require careful documentation. Specialized immigration counsel experienced with LGBT issues can advise on petitions, consular processing, waiver options, and asylum claims if persecution is alleged.

How do I find and choose an attorney experienced in Same Sex & LGBT matters in Brooklyn?

Look for attorneys with experience in LGBT family law, discrimination, immigration, or the specific area you need. Ask about experience with New York City and New York State laws, familiarity with Kings County courts, sample cases or outcomes, fee structures, and whether they offer an initial consultation. Consider referrals from local LGBT organizations, bar associations, or legal aid clinics that handle LGBT issues. Free or low-cost clinics and legal hotlines may be available for initial guidance.

Additional Resources

Local and national organizations can provide legal information, support, and referrals:

- New York City Commission on Human Rights - enforces city anti-discrimination protections.

- New York State Division of Human Rights - handles state discrimination claims.

- Kings County (Brooklyn) Family Court, Supreme Court - Matrimonial Part, and Surrogate -s Court - local courts handling family, divorce, and estate matters.

- Brooklyn Bar Association and New York City Bar Association - for lawyer referrals and pro bono resources.

- Legal Aid Society, Lambda Legal, Immigration Equality, National Center for Lesbian Rights, and similar nonprofit legal organizations - for advice, advocacy, and representation in civil rights, family, and immigration matters.

- LGBT community health centers and service providers such as Callen-Lorde, local LGBT centers, and domestic violence shelters - for supportive services and referrals.

- Anti-Violence Project and local family justice centers - for victims of hate incidents and domestic violence.

Next Steps

If you need legal assistance in Brooklyn - take these practical steps:

- Assess safety first. If you are in immediate danger, call 911. For domestic violence, contact a local shelter or domestic violence hotline and seek medical care if needed.

- Gather documents. Collect IDs, marriage or birth certificates, adoption or parentage orders, contracts, medical records, emails, texts, pay stubs, eviction notices, and any other paperwork relevant to your issue.

- Preserve evidence. Save communications, photographs, and records of incidents or discrimination. Make copies and keep originals safe.

- Seek an initial consultation. Contact attorneys who handle LGBT-related issues and ask about experience, fees, retainer, and likely next steps. Many lawyers provide an initial consultation that may be free or low cost.

- Explore free or low-cost options. If you cannot afford private counsel, check with Legal Aid, local bar referral services, LGBT legal clinics, and nonprofit organizations for pro bono or sliding-fee assistance.

- Know the deadlines. Ask your lawyer about any filing deadlines or statute of limitations that apply to your case and act promptly.

- Consider short-term legal documents. For immediate protection of relationships and health decisions, consider wills, powers of attorney, advance health-care directives, and custody agreements while you pursue longer-term legal remedies.

- Use community resources. Reach out to local LGBT centers and advocacy organizations for emotional support, referrals, and practical assistance throughout the legal process.

Legal matters that affect same-sex and LGBT people can be sensitive and fact-specific. Working with an attorney who understands the unique legal and social issues involved can help protect your rights and achieve the best possible outcome.