Summer Trips: What LGBTQ+ Couples Should Know When Traveling

Summer Trips: What LGBTQ+ Couples Should Know When Traveling

Summer means vacations, weddings, cruises, international adventures—and for LGBTQ+ couples, sometimes a little more advance planning.

Most trips will be uneventful. But traveling as an LGBTQ+ couple can present unique legal and safety concerns, particularly when traveling internationally or to states and communities where LGBTQ+ people may face discrimination or where laws affecting LGBTQ+ families differ from the laws where you live.

The good news? A little preparation can go a long way.

Before You Leave: Know Where You're Going

Before traveling, research the laws and local attitudes at your destination—not just the country, but the specific state, city, or community you're visiting.

Internationally, the U.S. Department of State notes that more than 60 countries criminalize consensual same-sex sexual activity, and some destinations do not recognize same-sex marriage. It recommends reviewing the destination's current travel advisory and its "Local Laws and Customs" information before you go.

And don't forget about layovers. Local laws can apply even when you're simply changing planes.

The same principle can apply domestically. Laws and protections can vary significantly from one state or community to another.

If you're traveling somewhere where being openly LGBTQ+ could create a safety concern, think about that before you arrive—not after.

Your Partner May Not Automatically Be Able to Speak for You

This is where estate planning becomes travel planning.

Imagine you're on vacation with your spouse or partner and one of you is suddenly hospitalized.

Who can make medical decisions?

Who can obtain information from the doctors?

Who can visit you?

Who knows what treatment you would or would not want?

Don't assume the answer is automatically "your partner."

Before traveling, make sure your documents are current and accessible:

• Health Care Proxy / Health Care Power of Attorney — names the person who can make medical decisions if you cannot.

• Living Will — communicates your wishes about life-sustaining treatment.

• HIPAA Authorization — gives your designated people the ability to receive protected medical information when appropriate.

• Hospital Visitation Authorization — makes your wishes regarding visitation clear.

• Emergency Contact Information — make sure someone knows how to reach your partner and family.

• Financial Power of Attorney — particularly important for longer trips or international travel.

• Will and/or Trust — make sure your overall estate plan is current before you leave.

The State Department specifically recommends that international travelers bring copies of important legal and health documents, including a living will or health care directive, and keep emergency-contact information available.

Don't Put Your Estate Plan in a Suitcase

You don't necessarily need to carry a giant emergency folder of legal documents around Europe.

What you do need is a way for the right people to access them.

Consider keeping digital copies of your important documents in a secure location that your partner or emergency contact can access if necessary.

One service some of our clients use is DocuBank. We are not sponsored by or affiliated with DocuBank, but we think its emergency-access concept is worth considering. DocuBank allows users to make health care directives and other emergency information available when needed, including health care powers of attorney, living wills, HIPAA releases, emergency contacts, medical information and other documents.

The point isn't that you need DocuBank specifically.

The point is this:

Creating the document is only half the job. Someone needs to be able to find it when you're three thousand miles from home.

Put Emergency Information in Your Wallet

Your phone could be dead.

Your luggage could be missing.

You may be unconscious.

A simple emergency card in your wallet can provide critical information.

Consider including:

Emergency Contact: Name + relationship + phone number

Health Care Agent: Name + phone number

Allergies / Critical Medical Information: Briefly listed

U.S. Embassy / Consulate: Address + phone number for your destination

You don't need your entire estate plan on the card. You just need enough information to help someone figure out who to call and where to find the rest of your documents.

Know Where Your Embassy Is

Before international travel, save the location and contact information for the nearest U.S. embassy or consulate.

The State Department recommends keeping that information available, including in the local language when appropriate. It also recommends enrolling in the Smart Traveler Enrollment Program (STEP) so the U.S. government can send travel and security alerts and have a way to contact you or your emergency contact.

If you're arrested or detained abroad, the State Department advises U.S. citizens to request that local authorities notify the U.S. embassy or consulate.

What If You Aren't Out?

Here's something that doesn't get discussed enough.

Not every LGBTQ+ traveler can safely be completely open about their identity everywhere they go.

Some travelers are out at home but choose to be more private when traveling.

Others may be traveling with family, coworkers, or people who don't know their partner's identity.

Some transgender travelers may have concerns about identification documents, airport security, border crossings, or whether their gender marker will be recognized at their destination. The State Department specifically warns that some countries may not recognize certain passport sex markers, including an "X" marker.

Choosing to be discreet in a particular environment does not make someone less proud of who they are.

Sometimes it is simply a safety decision.

The State Department itself advises LGBTQ+ travelers to carefully consider disclosure of sexual orientation in destinations where same-sex conduct is illegal and warns travelers about surveillance, entrapment, extortion, and other risks in some destinations.

Your safety comes first.

And Don't Forget the Rest of Your Travel Plan

Before you leave, consider:

• Make sure your passport is current.

• Check visa and entry requirements.

• Review the destination's current travel advisory.

• Check local laws and customs.

• Confirm that your health insurance covers you where you're traveling.

• Consider travel medical and evacuation insurance.

• Give someone you trust your itinerary.

• Share hotel and transportation information with your emergency contact.

• Keep copies of important documents separate from your originals.

• Keep your phone charged and have a backup way to communicate.

• Know where the nearest hospital and U.S. embassy or consulate are located.

• If traveling with children, carry appropriate parentage or custody documentation—particularly if a child has a different last name or only one parent is traveling.

Your Vacation Should Be About the Vacation

Estate planning isn't just about what happens when you die.

Sometimes it's about what happens when you're alive but unable to speak for yourself.

For LGBTQ+ couples, that can be especially important when you're outside your home state—or outside the country—where the laws, customs, and assumptions about your relationship may be very different.

So before you pack your sunscreen, passport, and favorite vacation outfits, take five minutes to ask:

If something happens to me tomorrow, can the person I trust actually step in and help me?

If the answer isn't a confident yes, your next trip might be the perfect reason to update your documents.

Travel safe. Travel proud. And make sure your legal documents travel with you—even when they're stored digitally.