LGBTQIA+ Family Planning : Legal Resources LGBT

Legal Resources LGBT

When using third party reproduction (including donor sperm, donor eggs, or a gestational carrier), there are important legal issues that must be addressed during your fertility journey.

Pre- or Post-Birth Order

The most common way that same-sex couples protect their parental rights is through a Pre-Birth or Post-Birth order. This allows the intended parents to:

Make medical decisions for their child
Be listed on the child's birth certificate
Have the child be discharged into their care from the hospital

This will establish the parental rights to the child for both genetically related and non-genetically related parents.

Second Parent Adoption

If a Pre- or Post-Birth Order cannot be obtained, the same-sex couple must establish their parental rights to their child through adoption. If you and your partner are married, stepparent adoption is a possibility. If you and your partner are not legally married, a second-parent adoption is an option.

What to Do

If you will be pursuing a path to parenthood that uses third party reproduction, the fertility specialists at IVF FLORIDA strongly suggest you seek out an attorney who specializes in third party reproductive law with experience in this unique area of legal practice.


To learn more about utilizing fertility treatments to build a family, contact IVF FLORIDA at 954.247.6200 or request an appointment.


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