ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA
LGBTQ+ Surrogacy
Same-sex surrogacy is legal, but the process requires an experienced surrogacy attorney who has a background in LGBTQ+ surrogacy. We have extensive experience helping people to become parents through LGBTQ+ surrogacy and adoption in Washington, D.C., Virginia and Maryland. We’re proud to be a part of creating families of every kind, whether that family has one parent, a mom and a dad, two moms, or two dads. We can help you have the family you’ve been dreaming of and make sure your rights as a parent are protected.
In almost every respect, surrogacy for gay couples in Maryland, Virginia and the District of Columbia is the same as it is for any other intended parents, so feel free to
contact us to learn more about the surrogacy process. Keep in mind that everyone’s surrogacy experience will be unique to their own situation and circumstances, but in general, there are usually only two potential differences between gay surrogacy and surrogacy for heterosexual couples and individuals:
Heterosexual couples don’t always need to work with egg or sperm donors if their own eggs and sperm are viable, but in LGBTQ+ surrogacy, most people need that additional step. Depending on your situation and where you live, you may also need additional legal actions to establish your parentage. Whenever one half of a couple is not genetically related to a child born through surrogacy, there is a potential need for extra legal steps.
For this reason, it’s common for LGBTQ+ parents pursuing surrogacy to need these legal measures. When you have your initial consultation with us, we can discuss what those steps might be based on your individual situation. We also handle egg and sperm donor legal contracts and can answer any questions you may have about working with donors and the legal processes required.
Health insurers in Maryland are legally required to offer fertility treatments as a benefit, regardless of sexual orientation. Pre-birth orders are permitted in Maryland, which makes confirming your legal parental rights as a same-sex couple or an LGBTQ+ individual fairly easy in this state. We’ll work with you to file pre-birth orders
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Since Virginia does not issue pre-birth orders, we will need to execute post-birth legal actions to safeguard your parental rights. Virginia Vital Records will issue a birth certificate for married same-sex couples who use surrogacy to become parents so long as one is a genetic parent. Otherwise, an adoption process may be required.
In Washington, D.C., pre-birth orders are permitted, with strict laws that protect LGBTQ+ individuals and couples from discrimination when pursuing ART or adoption for their families. The District of Columbia is a surrogacy-friendly city for LGBTQ+ families, and the legal process for residents is a relatively simple one.
With basic rights like legal marriage only being universally granted to same-sex couples within the last decade, it’s understandable that you may worry about your ability to become a parent via gay surrogacy in Virginia, Maryland or Washington, D.C. Our job is to ensure that your legal parental rights are secure, and our years of experience with gay surrogacy laws have protected families just like yours. Depending on the path you take to parenthood and what state you reside in, the same-sex surrogacy laws that may affect you will vary, as will the legal steps needed to protect your rights as a family. When you contact us, we can gain a better understanding of what your individual situation may require.
We exclusively work in adoption and ART law, and we have years of experience representing LGBTQ+ parents. We are proud to be a part of something as special as creating families of every kind in Maryland, Virginia and the District of Columbia.
To learn more about gay surrogacy in D.C., VA, and MD, contact us now.
“We believe in working with each of our clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is our mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, we will help you understand the laws within Maryland , Virginia and Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.”
- Modern Family Formation Law Offices
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