Transgender Legal Considerations

It is important for trans individuals to have professional legal assistance when undergoing assisted reproduction.

 

transgender legal considerations for assisted reproductionThe following are some of the issues requiring consideration and 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

Surrogacy
• 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….

Transgender Legal Considerations
It is important for trans individuals to have professional legal assistance when undergoing assisted reproduction.