Same-sex couples dreaming of starting a family have options, thanks to scientific and legal advances in recent years. Through assisted reproductive technology (ART), couples can start a family through non-traditional forms of conception. State laws allow same-sex couples to pursue parenthood, but prospective parents must still be mindful of legal guidelines and issues.
An experienced reproductive technology lawyer can help you understand assisted reproduction for same-sex couples in Massachusetts, and how the surrogacy process works.
Assisted reproductive technology (ART) involves any method of achieving pregnancy outside of sexual intercourse. Fertility procedures including in vitro fertilization (IVF), egg freezing, and surrogacy using gestational carriers are examples of ART. Same-sex couples in Massachusetts can take advantage of assisted reproductive technology to achieve parenthood.
The most common method is IVF, where eggs are fertilized with donor sperm in a clinic. Embryos are then transferred to the gestational carrier, also known as a surrogate. When using a gestational carrier, parties enter into a surrogacy contract that clearly explains the rights of all individuals involved. It is essential to have parental rights clearly defined before the baby is born.
After the baby is conceived through ART, the parties can establish a pre-birth order that helps avoid the need for post-birth adoption procedures. Pre-birth registration for same-sex couples defines who goes on the birth certificate as parents, and who has custody of the baby from day one. These orders are not available in all situations, however, so couples should seek guidance from an attorney prior to the child’s birth.
The Massachusetts Parentage Act, passed in 2024, aims to enhance legal protections for those using assisted reproduction and surrogacy – including same-sex couples. Overall, the Act offers the same legal rights and protections to all parents and children – regardless of marital status, sexual orientation, and gender identity. LGBTQ+ couples in Massachusetts can move forward with their dreams of building a family without the traditional hurdles they always faced.
Under state law, a genetic connection is not required for intended parents seeking a pre-birth order, which offers protection to gay couples using donor eggs or sperm to achieve conception. Non-genetic parents can be declared legal parents, and courts approving pre-birth orders will look to surrogacy agreements and the intent of all parties involved when deciding legal rights for same-sex couples.
Assisted reproduction and surrogacy typically involves legally binding agreements that couples should consider carefully. The Act requires all parties to have independent representation, it is advisable to consult with an attorney who has a proven track record handling assisted reproduction issues. This is recommended for any couple, but particularly for LGBTQ+ couples as state law has evolved in recent years. An experienced reproductive rights lawyer can evaluate legal options, review contracts, and advise you on all steps they should take from before conception to beyond the baby’s birth.
Through scientific advances and with legal protection, same-sex couples can achieve their dreams of parenthood. Any couple embarking on this journey can obtain skilled legal guidance from a compassionate attorney like Teri Robins. Assisted reproduction for same-sex couples in Massachusetts can be a reality: reach out today to schedule your consultation.
