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Marriage and Parentage for LGBT Families: Are the Walls Tumbling Down?

Marriage and Parentage for LGBT Families: Are the Walls Tumbling Down?

Although laws have advanced in many states to permit and recognize same-sex marriage and parental rights, it’s still prudent for LGBT families to complete a second parent adoption or parentage order.

BY MERYL B. ROSENBERG, ESQ.

More and more gay couples and individuals are having children. Gone are the days when this was a rarity; today, it has become more of a norm. Even before we started to experience state after state legalizing same-sex marriage (every day we seem to experience a change in the law), states recognizing civil unions, and countries implementing marriage equality or recognizing the legal status for gay couples, same-sex couples have been having children together through a variety of means. Pathways have been created to have a child through artificial insemination, in-vitro fertilization (IVF), utilization of egg donors, sperm donors, embryo donors, and surrogates (traditional, where the surrogate is also the egg ‘provider’ and gestational surrogacy, where the surrogate has no genetic tie to the child). This area of the law and practice in general is changing rapidly and will continue to evolve in the future. The legal landscape shifted even further on the national stage with rulings in United States v. Windsor (invalidating Section 3 of the Defense of Marriage Act – DOMA – finding that it violated due process and the equal protection protections of the fifth amendment), and Hollingsworth v. Perry (re-establishing marriage equality in CA)…

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Marriage and Parentage for LGBT Families: Are the Walls Tumbling Down? Reviewed by on . Although laws have advanced in many states to permit and recognize same-sex marriage and parental rights, it's still prudent for LGBT families to complete a sec Although laws have advanced in many states to permit and recognize same-sex marriage and parental rights, it's still prudent for LGBT families to complete a sec Rating: 0

About Meryl B. Rosenberg, Esq.

Profile photo of Meryl B. Rosenberg, Esq.
Meryl B. Rosenberg, Esq. is an attorney in private practice who specializes in adoption and assisted reproductive law in Potomac, Maryland. She is also the director of a surrogacy program, ARTParenting. Rosenberg is a fellow of the American Academy of Assisted Reproductive Technology Attorneys (AAARTA), a member of The American Fertility Association’s Legal Advisory Council, and a board member of the American Society of Reproductive Medicine (ASRM), Legal Professional Group.

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