LGBTQ Communities Legal Hurdles: Fertility Law

Men having babies in California

Fertility Clinic in Orange County Reviews Legalities in Fertility Treatments for Same-sex Couples

You are finally ready.  You have done your research and decided to start building or growing your family.  Maybe you are single, maybe you have a partner.  Either way it’s a new chapter in your life that includes a mixture of excitement and nervousness that every prospective parent feels. However, if you’re a member of the LGBTQ community you probably already know that LQBTQ fertility comes with its own unique set of steps many couples wouldn’t otherwise face. Many of those challenges may seem daunting, but with the help of the right fertility doctors, there are definite solutions. 

For example, single or same sex couples who are interested in having babies must seek out fertility help regardless of whether or not they struggle with infertility simply because they cannot conceive a biological child on their own. A fertility specialist can help by connecting patients with egg donors, sperm donors, and surrogates.  The fertility clinic can also help with more subtle challenges such as legality of custody issues after fertility treatments.

LGBTQ Fertility Legal Issues 

When dealing with donors and surrogates, the legality of parenthood can get complicated without the proper paperwork.  For example, if a female couple wishes to have a child, they need a sperm donor for lesbian insemination. But, if the contracts around the sperm donation are not specific enough, it is sometimes possible for the donor to exert some claim of parental rights over the child after it is born. 

This is a horrible position for any couple to find themselves in, so it is very important to make sure that all of the necessary paperwork is in place before the procedure. In some cases the medical consent forms that cover the donation procedure itself are not enough on their own and couples must have outside documentation to secure custody of their child. The requirements for this outside documentation can vary from state to state.


Things can get even more complex with gay IVF and surrogacy for gay parents. A gay couple requires both an egg donor and a surrogate or gestational carrier to have a child and both of those people are potential sources of legal custody trouble if things are mishandled including custody and child support claims.

Having tight legal contracts around egg donors and surrogacy is crucial.  This will not only prevent legal issues from arising, but it will also ensure that everyone is on  the same page about the future contact between the couple and the donor or surrogate.

We’ve Got Your Back

Reproductive Health and Wellness Center is the number one fertility clinic in Orange County for LGBTQ patients and that means we take care of you throughout the entire fertility process, including the legal paperwork. Our highly trained team makes absolutely sure that there is no wiggle room in any of your IVF, surrogacy, or sperm and egg donor contracts so you can rest assured that your child will go home safely with you. We consider it our mission to see each and every couple’s fertility journey through from the beginning to the very end.  If you would like to talk to us about starting your fertility journey, give us a call at (949) 516 0606, or going here to book a consultation. We would love to answer any questions you might have!

Reproductive Health and Wellness

At Reproductive Health and Wellness Center, we are experts at treating fertility issues. We provide the latest in cutting-edge embryo science by using the latest technologies, and we create innovative fertility plans tailored specifically to each individual. But we’re so much more.

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