Traveling Abroad as an LGBTQ+ Individual or Couple: The Estate Planning Documents You Need for Health, Safety, and Family Protection
International travel can be exciting, restorative, and deeply meaningful—but for LGBTQ+ individuals and same-sex couples, it also raises unique legal and healthcare risks that are often overlooked.
Even if you are legally married in the United States, your relationship, parental rights, and decision-making authority may not be recognized abroad. In a medical emergency, political crisis, or sudden death, the absence of proper legal documents can mean hospitals, governments, or courts default to biological relatives or local law—rather than the family you chose.
Estate planning is not just for when you pass away. For LGBTQ+ travelers, it is a critical safety tool.
Below are the most important estate planning documents LGBTQ+ people should have before traveling internationally to ensure medical decisions are respected, loved ones are protected, and families are honored.
Why LGBTQ+ Travelers Face Different Legal Risks Abroad
Many countries:
Do not recognize same-sex marriage
Do not recognize non-biological parents
Default medical decisions to “next of kin” under local law
Restrict hospital visitation to legally recognized family members
Disregard U.S.-based domestic partnerships or parental agreements
If something happens while you are abroad, your U.S. rights may not travel with you—but your documents can.
1. Health Care Proxy (Medical Power of Attorney)
This is the single most important document for LGBTQ+ travelers.
A Health Care Proxy allows you to appoint the person you trust to make medical decisions if you are unable to do so.
Without it:
A hospital may turn to biological family
Your spouse or partner may be excluded
Your wishes may be ignored
Why it matters abroad
In many countries, hospitals require clear written authority before allowing someone to speak on your behalf—especially if the relationship is not legally recognized.
Best practices for travel
Name your spouse or partner as primary agent
Name a backup agent
Carry a copy with you
Keep a digital copy accessible by phone
2. HIPAA Authorization (Medical Information Release)
Even if someone is allowed to make decisions, they may be blocked from receiving medical information without a HIPAA authorization.
This document allows your partner, spouse, or chosen family to:
Speak with doctors
Access medical records
Coordinate care and evacuation
HIPAA authorizations are especially helpful when:
Dealing with language barriers
Communicating with U.S. providers from abroad
Coordinating medical transport back to the U.S.
3. Living Will / Advance Directive
A Living Will documents your wishes regarding:
Life-sustaining treatment
Artificial nutrition and hydration
End-of-life care
For LGBTQ+ individuals, this document reduces the risk that:
Estranged family members override your wishes
Cultural or religious norms are imposed on your care
Decisions are made based on assumptions rather than instructions
When traveling internationally, clarity matters.
4. Durable Power of Attorney (Financial)
If you become incapacitated abroad, someone may need to:
Pay rent or mortgage
Access bank accounts
Handle insurance claims
Arrange travel or medical evacuation
Deal with U.S.-based legal or business matters
A Durable Power of Attorney allows your chosen person to act immediately, without court involvement.
Without it, your partner may have no authority at all—even if married.
5. Will or Trust (Especially if You Have Children)
If you die while traveling:
Local authorities may get involved
Your remains, assets, or children may be subject to delays or disputes
Family members you did not choose may assert control
If you have children, this is critical
Your estate plan should:
Clearly identify parents
Name guardians
Establish trusts for minor children
Prevent challenges to non-biological parents
A properly drafted will or revocable living trust ensures your family is protected even if death occurs abroad.
6. Guardianship & Parental Rights Documentation
For LGBTQ+ parents, especially those with:
Children conceived via assisted reproduction
Adoption
Surrogacy
Blended families
You should travel with:
Adoption decrees
Judgments of parentage
Guardianship designations
In some countries, only biological parents are recognized unless documentation is clear and official.
7. Emergency Travel & Identity Packet
Before leaving the country, we recommend preparing a travel estate planning packet that includes:
Copies of all estate planning documents
Passport and ID
Insurance information
Emergency contacts
U.S. embassy contact information
Attorney contact information
Both partners should know where this is stored and how to access it.
Married vs. Unmarried LGBTQ+ Couples: A Reality Check
Marriage does not guarantee protection abroad.
Even married same-sex couples may:
Be treated as legal strangers
Be denied hospital access
Be excluded from decision-making
Unmarried couples face even greater risk. Estate planning is not optional—it is essential.
When Should LGBTQ+ Travelers Update Their Documents?
You should review your plan if:
You are traveling internationally
You have never updated documents post-marriage
You had children or adopted
You moved states
Your relationship or family structure changed
Your documents are more than 3–5 years old
Planning Ahead Is an Act of Care
Estate planning for LGBTQ+ travelers is not about fear—it’s about freedom.
When your documents are in place, you can travel knowing:
Your partner will be respected
Your children will be protected
Your wishes will be honored
Your family will not be questioned
How Adelman Bodner Helps LGBTQ+ Clients Travel with Confidence
At Adelman Bodner, we work with LGBTQ+ individuals, couples, and families to create estate plans that function in the real world—including across borders. Click here to schedule a complimentary 15-minute discovery call to find out how I can help: