If you are LGBTQ+ or have a loved one who is, these weeks before Donald Trump takes office can feel like a scary countdown to what many fear will be a rollback of rights.

Same-sex couples are rushing to get married before Trump starts his second term. Trans people are anxiously preparing for what a second Trump term could mean for legal protections, access to gender-affirming care and reproductive health.

That’s because the president-elect has been adding authors of the conservative policy blueprint Project 2025 to his administration, which could undermine or erase federal protections for LGBTQ+ people by denying the existence of trans people and making it harder for LGBTQ+ Americans to access health care.

“If we can discern any lessons from the first Trump administration, it’s that our community must be vigilant every day of the Trump administration,” said Paul Castillo, a deputy legal director for the civil rights organization Lambda Legal. He noted that the first Trump administration’s actions were done in a “haphazard and often sudden” way.

Here’s a general list of legal documents you might want to consider making or updating in light of the upcoming Trump administration, according to lawyers. As Castillo put it, these steps “are options for people to get some semblance of peace of mind... as we sort of wait to see what unfolds in the next administration.”

Federal IDs Like Passports And Social Security Cards

At an August campaign event, Trump said that on day one of his administration he would “sign an executive order instructing every federal agency to cease the promotion of sex or gender transition at any age.” Trump’s official platform has also targeted trans people seeking to join teams that match their gender identity, saying one of the administration’s priorities will be to “keep men out of women’s sports.”

“There is a far greater risk to the rights of transgender people under this incoming administration,” said Alana Chazan, a family law attorney in California. “We have been advising people to first start with updating their federal documents right away.”

Chazan gave the example of updating your Social Security card and passport to correctly reflect your gender identity if you have not already done so.

Updating your gender marker on a passport or your Social Security record is something you can do without needing a lawyer or a doctor’s certification. You can follow the State Department’s steps for applying in person or renewing a passport by mail, and the Social Security Agency offers a guide on how to update your Social Security record.

Before you start, though, know that changing your gender marker on your government IDs isn’t necessarily the right decision for everyone. It is “a personal decision, because of the fact that some people might not feel comfortable voluntarily providing their interpersonal information to the State Department under this particular administration,” Castillo said.

Castillo noted that updating your state ID documents can be more difficult in states that are hostile to LGBTQ+ rights. He recommends reaching out to a local lawyer who’s knowledgeable about your state laws, or about whatever federal benefit you’re worried might be at risk.

For further reading, the Chosen Family Law Center has an article weighing the risks and benefits of changing gender markers on your federal and state IDs ― and when and how to do so. It’s a resource that Texas-based family law attorney Christine Andresen recommends as a good place to start.

As the Chosen Family Law Center article notes: “Congruence between the gender markers listed on one’s various documents, one’s legal name, and one’s appearance smooths interactions with gatekeepers, medical providers, the state, and other cisnormative institutions.” On the other hand, “mismatched gender markers on different forms of ID can cause heightened scrutiny by police.”

Same-Sex Parentage Orders, Or Confirmatory Second-Parent Adoption

Just because you are listed as a parent on your child’s birth certificate does not necessarily guarantee that your child stays legally yours. “In nasty situations like a death, divorce, or Child/Family Protective Services involvement, sometimes it is not enough to rely on the birth certificate,” Andresen said.

After updating federal identification, Andresen said that “the most important thing is for anyone raising a child not their own biologically to talk to an attorney about a same-sex second-parent adoption, which in some states is called a confirmatory adoption.”

Chazan also recommends talking with a family law expert about getting a confirmatory second-parent adoption or a parentage judgment, which goes through a court process and helps establish that you are the legal parent.

When you don’t have this kind of court order “and something breaks down as to who the parents of a child are, and it has to be litigated ― that can often cost people six figures in attorney fees,” Chazan said.

Keep in mind that the best way to secure legal ties to your child can differ depending on your state. That’s why Andresen recommends talking with a local attorney on this topic.

Estate Plans, Including Wills

Estate plans can address questions about wills, as well as health care and financial powers of attorney. They are critical for making sure your loved ones are provided for in the event that you cannot. Andresen said estate planning is “adulting homework” that is helpful for anyone to do.

First and foremost, “make sure you have a will in place that identifies who you want to be the guardians of your children in the event that both you and the other parent of your child were to pass away,” Chazan said.

Health Care And Financial Powers Of Attorney

Do you have a document establishing health care or financial powers of attorney? Make one now. These are important steps in estate planning that give a person the authority to make medical or financial decisions on your behalf if you are incapacitated.

The thinking here is that you don’t want this decision “to default to a biological family member who maybe will not be supportive of what it is you want medically,” Chazan said.

Andresen said that doing this kind of estate planning can help prevent family members from denying an LGBTQ+ partner hospital access, or from cremating someone in wrongly gendered clothes, as two examples.

Chazan also suggests adding language into any sort of health care proxy stipulating that if you need gender-affirming care, this will continue to happen even if you are suddenly incapacitated.

What About Marriage And Divorce?

The 2015 Supreme Court decision Obergefell v. Hodges established gay marriage as a constitutional right, which cannot be changed suddenly by Congress or by an executive order.

“The freedom to marry for same-sex couples will not be reversed overnight or even on day one of this administration,” Castillo said. The right of same-sex couples to divorce will likewise not be in immediate jeopardy, he said.

In other words, don’t rush to the courthouse if that’s not something you were already planning on doing, said California-based family law attorney Amira Hasenbush: “I don’t think that people should necessarily jump into marriage if they’re not ready for it.” Marriage has consequences for your property rights, taxes and insurances, and it’s a decision you want to think carefully through, Hasenbush said.

Even if Obergefell is one day overturned, the 2022 Respect for Marriage Act requires all states to recognize same-sex marriages, so a marriage that was validly entered in one state must still be honored by all other states. The law, however, does not require all states to issue marriage licenses to same-sex couples.

There are also a growing number of states enshrining same-sex marriage rights in their constitutions. As a result, if you “do you have the opportunity and the resources with respect to your selection of state to marry, it might be worth considering doing it in a state that you know would be likely to maintain the freedom to marry within their state,” Castillo said.

What Else You Can Do To Prepare

Beyond these immediate steps, you might consider consulting with fertility lawyers if you’re worried about your state’s “fetal personhood laws,” or talking with immigration lawyers about how Trump’s promises of mass deportation could affect you.

Above all, you want to use this time before the second Trump administration starts to get informed and build your community.

Knowledge is power. Find family and estate planning attorneys in your state who specialize in working with LGBTQ+ people. They can help you find answers to your unique legal situations. The LGBT+ Family Law Institute maintains a directory for each state and U.S. territory.

Keep the contact information for LGBTQ+ crisis intervention lines, legal helplines, and immigration rights groups. The community and network you build now will be the people who’ll give you a “heads up about what might be happening” during the new Trump administration, Castillo said: “We’ve relied on each other for taking action, for fighting back, for accessing resources, and we just need to continue to do so.“

And if you have any energy or anxiety left over after updating your own legal paperwork, Andresen recommends channelling these emotions into giving back. “Volunteer with queer kids or AIDS victims. Lobby. Campaign,” she said. “We have to fight for our civil rights.”