For LGBTQ+ individuals and couples, starting a family often involves legal steps that differ from those required for heterosexual couples. Whether you’re considering adoption, surrogacy, or donation, it’s important to understand what is required to legally protect your parental rights and your child’s future.
Below, our friends at Gray Becker, P.C. discuss some of the key legal matters LGBTQ+ families should keep in mind when planning to grow their family through Family Formation & Assisted / Third Party Reproduction (“ART”).
Review State Laws On Parental Rights
Laws that govern adoption, parentage, and ART-related agreements differ from state to state. In some states, non-biological parents may not be automatically recognized as legal parents—even if they are married. To avoid future legal issues, it’s critical to review how your state treats parentage in LGBTQ+ families and whether you may need to take additional steps, such as second-parent adoption or parentage orders.
Draft And Sign Legal Agreements Early
If you are using a known donor, surrogate, or gestational carrier, written agreements should be drafted and signed before any medical procedures begin. These agreements help clarify the rights and responsibilities of everyone involved, including financial responsibilities, intended parent status, and what happens in the event of a dispute. Courts often rely on these documents to resolve future legal questions, so they should be prepared carefully and with legal guidance.
Consider A Pre-Birth Or Post-Birth Parentage Order
Parentage orders are commonly used in ART-related cases to confirm the legal parent-child relationship before or shortly after birth. In same-sex families where only parent is biologically related to their joint child, it is especially important to have these orders in place. A court order helps establish both parents’ legal status from the outset and can prevent complications with hospital documentation, passports, and other legal matters.
Plan Ahead For Adoption When Needed
In some cases, especially when the child is born outside the state where the parents reside or through international surrogacy, adoption may be necessary to secure legal parentage. A second-parent adoption can give a non-biological parent full legal rights, even if they are listed on the birth certificate. Though it may seem redundant, adoption offers important legal protections, particularly if your parental status is challenged across state or national borders.
Keep Documentation Up To Date
Throughout the ART process, make sure all records are accurate and complete. This includes medical records, donor or surrogacy agreements, birth certificates, and court orders. Keeping everything in order can help prevent future disputes and provide a clear legal foundation for your family.
Work With An Attorney Who Focuses On This Area
Given the unique legal landscape surrounding ART, working with a family law lawyer who has direct experience in this area can help protect your rights at each stage. This includes identifying what legal documents you need, confirming parentage, and making sure your family is legally recognized in your state.
LGBTQ+ families have many options for building a family through Family Formation & Assisted / Third Party Reproduction (“ART”), but legal preparation is key. A family lawyer who is licensed in the state you live in and is experienced with successfully helping LGBTQ+ couples with their family law needs, can answer questions and give you legal guidance. With the right steps, you can build a secure foundation for your family’s future.
