If you are an LGBTQ+ couple planning to start a family, Assisted Reproductive Technology (ART) can help you take that step. ART includes a variety of medical procedures that are designed to address infertility or enable same-sex couples to have biological children.
It can involve working with a surrogate or using donated sperm or eggs. Whichever ART method you choose, you will have to complete a series legal step to legally establish yourselves as parents.
Understand your options for surrogacy and donation
When considering surrogacy or donation, understanding how each process works is crucial. Surrogacy involves another person carrying your baby, while egg or sperm donation provides the genetic material needed for conception.
Each path serves different needs, but both require putting written agreements in place before starting.
Include these items in your agreement
Before proceeding with any ART procedure, take the time to clearly define each participant’s legal role in the process. Use an agreement to outline the most essential key points affecting your rights, responsibilities and access before, during and after the child’s birth.
An ART agreement must include the following items:
- Names of the individuals who should appear as the legal parents on the birth certificate
- Terms outlining any contact, or lack thereof, that the donor or surrogate will have with the child
- Details on who will cover costs for fertility procedures, pregnancy care, labor and delivery
- Plans for handling medical emergencies or complications
- Visitation permissions during labor, delivery and hospital stays
These details help prevent misunderstandings and protect everyone involved. To ensure your agreement meets complies with state law and avoids future issues, consider consulting a professional with experience in ART law.
Learn why same-sex couples start families in California
California has strong laws that support members of the LGBTQ+ community growing their families using ART. State courts allow individuals to become legal parents even without a biological connection. Many same-sex couples from other states come to California for this reason.
If you live in another country or state, you might need additional documentation. These can include birth certificates that name you and your partner, hospital records that confirm your identity and documents pertaining to immigration or citizenship.
Take control of your family journey
When you choose to build a family using assisted reproductive technology, you must be prepared to take on both personal and legal responsibilities. Clear agreements and early planning can help you avoid future problems and protect your role as a parent. Every step matter when creating a stable foundation for your future family.