According to recently released
Census Bureau data, there were about 1.2 million same-sex couple households in the United States in 2021. Roughly 710,000 of the same-sex couple households were married, and about 500,000 were unmarried.
LGBTQ+ families are gaining both visibility and acceptance. As societal understanding deepens, legal recognition for these families is also growing. As a leading family law firm, we have seen an increasing number of LGBTQ+ families seeking adoption or surrogacy.
Adoption and surrogacy open doors to parenthood and hope. Parental rights are how couples maintain custody over their children and make decisions for their future until they are 18. However, adoption, surrogacy, and parental rights require careful legal considerations and the attorneys at
Lermitte & Lubin, LLC can help.
#1. Adoption for LGBTQ+ Families
Adoption is one of the two most preferred paths to parenthood for LGBTQ+ parents, according to a report by
Family Equality. The good news is that in many states, including Pennsylvania, same-sex couples can now petition for adoption.
Until 2002, Pennsylvania did not permit stepchild adoption by a person of the same sex as the first parent. However, a 6-0 ruling by the
Supreme Court of Pennsylvania established the right of same-sex couples to stepchild adoptions.
Yes, legal strides have been made to ensure that being a parent knows no discrimination. But, the process isn’t always as smooth as you would expect. As
family law attorneys in Pennsylvania, we have seen many LGBTQ+ individuals and couples still facing legal challenges, not to mention social stigma and bias.
Some adoption agency workers may cling to outdated norms. For instance, some agencies may prefer placing a child with the so-called “nuclear family,” which is often a heterosexual couple. This will make your adoption journey feel like a steep uphill climb. However, consulting a family lawyer can help.
Your family law attorney can help you understand the legal intricacies involved in the adoption process. They are a reliable source of knowledge about the latest legal developments in this area of state laws. So, while you can start with in-depth research, be sure to talk to an experienced lawyer before applying for adoption.
#2. Surrogacy and LGBTQ+ Parenting
While methods like
in vitro fertilization (IVF) or
intrauterine insemination (IUI) are available for LGBTQ+ parents, the costs are prohibitive. That leaves most LGBTQ+ couples with surrogacy as the second-best alternative to becoming parents.
However, laws vary from state to state. As of 2020, 47 states were surrogacy-friendly, including Pennsylvania. Although a case in 2006 set a standard for surrogacy in Pennsylvania, there are currently no surrogacy laws in the state.
In many ways, the process for surrogacy is the same for LGBTQ+ couples as for heterosexual couples. But the major difference is needing to get a sperm or egg donor. In other words, you will need to consider donor rights as well. If you do not have the donor sign an agreement forgoing their rights, they can claim them in the future.
Don’t forget that the laws governing various aspects of surrogacy are complex as well. For example, in Pennsylvania, you can compensate surrogates. However, you do need to sign a surrogacy contract/agreement.
But these laws are also subject to changes. That means you need to hire a competent family lawyer for your surrogacy journey as an LGBTQ+ family. They will help you avoid legal pitfalls and make the process as smooth as possible.
#3. Parental Rights and Legal Protections
Another critical aspect is protecting your legal rights as LGBTQ+ parents. First, you will need to know Pennsylvania’s laws. While you can do your own research, consulting a skilled adoption attorney is the best way forward. Your lawyer will help you understand your rights and what needs to be done to enforce them.
That said, one misconnection among LGBTQ+ couples is that their legal status as a parent is protected if they are married and both spouses’ names are listed on their child’s birth certificate, but that is not necessarily true. Putting your name on a birth certificate does not guarantee legal rights as a parent.
So, consider second-parent adoption if your partner doesn’t have a biological link to your child. Legal adoption is the only way to secure your rights as parents. So, once your baby is born, consider second-parent adoption for the non-biological parent. Also, talk to an experienced family law attorney before your surrogacy process begins.
#4. Challenges and Advocacy Efforts
Despite changes in legislation and support from LGBTQ+ advocacy groups and family lawyers working in this field, many LGBTQ+ families still face discriminatory practices. They often face difficulties in the adoption process, denial of parental rights, and challenges related to assisted reproduction.
In some states, outdated legislation or biased interpretations result in family law discrepancies. Many communities also deny diverse family structures. Still, we can see progress in many states, including Pennsylvania. Our family law attorneys can help LGBTQ+ couples in Pennsylvania start their families.
Support for LGBTQ+ Parents
In 2022, President Joe Biden signed the
Respect for Marriage Act. It includes new federal protections for same-sex and interracial couples. The new law mandates that states honor the validity of out-of-state marriage licenses, particularly when it includes same-sex and interracial unions.
Consult a Competent Family Law Attorney in Pennsylvania
As you can see, laws governing adoption and surrogacy for LGBTQ+ families are complex. Each state has its own legal outlook on this issue, which varies significantly. Although Pennsylvania doesn’t have specific laws about surrogacy, the state is known to be surrogacy-friendly. As an LGBTQ+ couple in Pennsylvania, you have options.
However, you do need to consult a skilled family law attorney in Pennsylvania. Our family law attorneys will guide you through these complicated processes. While it may feel like a daunting task, it’s all worth the effort when you welcome your baby into your family.
Are you an LGBTQ+ couple in Pennsylvania thinking of becoming parents? Our experienced family law attorneys can help you with the legal process. Let’s schedule a free consultation. Contact our office today.
