Legal Considerations for Gay Male Couples
Professional legal assistance is important for gay couples using IVF with an egg donor and gestational surrogate to have genetically related children.
The following issues for gay male couples especially that require legal consultation:
Donors: Sperm, Egg and Embryo
• Known donor may seek visitation/involvement
• Laws/clinic policies vary re: disclosing who provided genetic material
• Laws/policies differ re: owner of donated material (one or both partners)
Prenatal and Perinatal Care
• Laws vary re: whether nonpregnant partner can participate in prenatal visits and birth
• Living wills are needed to determine fate of embryo if pregnant partner becomes incapacitated
• Banned in several states
• Courts may rule in favor of surrogate if she wants to keep baby
Second-Parent Adoptions and Birth Certificate
• State laws vary re: who can adopt and names on birth certificate
• Affects custody, hospital visitation, travel, taxes….