Whether you are a single man or a gay couple looking to start a family, there is a nest of legal issues to untangle (and be prepared for) at every turn. Primarily, you will need to retain legal counsel – whether through an agency or on your own – to sort out issues related to your parental rights, your baby’s birth certificate and passport, and federal and state laws. According to the American Fertility Association, questions to ask a potential reproductive attorney include:

  • Are you knowledgeable about the laws dictating surrogacy and egg donor arrangements in our state of residence, as well as in the states of residence of our surrogate and egg donor? What about laws specific to LGBT persons?
  • What extra legal steps, if any, need to be taken by my partner or by myself once our baby is born?
  • Does my partner need his own reproductive attorney? What about our surrogate and donor, do they require separate legal counsel?
  • How will changing laws about marriage and surrogacy arrangements affect us or our child(ren) in the future?
  • Will my partner and I need a co-parent agreement if a co-parent adoption is not available in my state of residence? Will this assure that each of us have equal rights status as parents?
  • Can both my partner’s name and my name be on the birth certificate? Are any additional steps required in order for us to obtain the birth certificate? Will our baby be recognized as being ours when we travel to other countries? What about obtaining a passport for our baby?
  • Will you be our liaison at the hospital?
  • What are your fees?

Source: Building the Family of Our Dreams: A Primer for the LGBT Community Handbook provided by the American Fertility Association.

It’s Conceivable is pleased to provide the above information from The American Fertility Association. Their website has a wealth of resources for GLBTQ parents, including fact sheets, articles and FAQs.


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