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Legislation in United Kingdom Ireland New Zealand South Africa Australia CanadaThe situation regarding both Assisted Reproduction Techniques and LGTB Parenting rights is very complex in the United States as each state has its own set of regulating laws (or sometimes none), leaving each jurisdiction the right to decide on a case-by-case basis. Still, single women and lesbians have access to artificial insemination countrywide and sperm donors can be either anonymous or known. Few States recognize surrogacy agreements, yet some fully do, like California and Florida. LGTB parenting rights are very unequal and a parenting agreement is strongly advisable to protect the relationship between a child and its second parent.Donor Conception (embryo, egg and sperm donation) in the Unites States |
General | No law regulates sperm donation in the United States. The Asociation Society for Reproductive Medecine publishes guidelines, but they are not enforceable by law. | Third Party Reproduction (sperm, egg and embryo donation and surrogacy)/ASRM: asrm.org |
Assisted Reproductive technology (artificial insemination, IVF, etc.) | All individuals, regardless of their sexual orientation or marital status, have a fundamental right to reproductive freedom in the United States. | Equal access to healthcare and reproductive rights are civil rights / National Center for Lesbian Rights (NCLR): nclrights.org |
Self-insemination | Self-insemination is not mentionned is ASRM guidelines. Yet, as in any other type of artificial insemination, the sperm donor and intended parent(s) are advised to get legal counsel before the insemination and, where it is possible, establish a declaration of parentage before the birth of the child. | |
Identifying information on embryo, egg and sperm donors | A US sperm donor can be anonymous, known or directed. | |
Paid or freem sperm donors? | According to the ASRM payments for sperm donations "should not be such that the monetary incentive is the primary factor in donating sperm." In practice, sperm donors are usually compensated of between 50$ and 200$ per donation. | List of American sperm banks / US Food and Drugs Administration: accessdata.fda.gov Sperm Donor Basics / Fertility Community: fertilitycommunity.com |
Surrogacy in the Unites States |
Altruistic surrogacy | There is no consistency regarding surrogacy agreements throughout the states. Some states allow gestational surrogacy agreements but not traditional surrogacy agreements, other consider any altruistic surrogacy agreement as enforceables except for same sex couples. But most of the states do no have any law that contemplates surrogacy. Personalized counselling by a competent family attorney is strngly recommended. Local specificities / exceptions: California is often regarded as the most permissive state in the US regarding surrogacy. Florida has a specific law that recognizes surrogacy agreements except for same sex couples. DC, IN, MI and NY ban all types of surrogacy. | Surrogacy Laws by state (USA) / Human Rights Campaign: hrc.org Surrogacy Laws in Florida / Fertility Authority: fertilityauthority.com |
Commercial surrogacy | Only some states clearly ban commercial surrogacy. | |
Surrogacy abroad | Surrogacy abroad might be considered if the child is biologically related to the intended parent. If not, the child could become stateless. Local specificities / exceptions: Some states clearly prohibit surrogacy for same-sex couples or are very unlikely to accept it: FL, MS, TN, TX, UT, VA. Others recognize or seem to be enclined to accept LGTB surrogacy: CA, CO, MN, VT | Information for U.S. Citizens Considering the Use of Assisted Reproductive Technology (ART) Abroad / US Department of State: travel.state.gov |
Can gay dads have a surrogate child? | Most states haven't adressed surrogacy for gay couples yet. | Surrogacy for gay couples: alternativefamilylaw.co.uk |
Adoption in the Unites States |
Access to general adoption | Singles can adopt anywhere in the US, but married couples prove to be widely preferred by adoption agencies. LGTB access to adoption vary, but they may adopt as singles in almost any state. Local specificities / exceptions: Same-sex couples can adopt jointly in AR, CA, CO, CT, DC, IL, IN, IA, ME, MA, NV, NH, NJ, NY, OR, VT, WA. No homosexual may adopt in FL | LGTB Parenting laws in your state / Lambda Legal: lambdalegal.org |
Step child adoption for same sex couples | As same-sex relationships are not recognized everywhere in the US, second parent adoption for a same sex partner is only admitted in 10 states. Local specificities / exceptions: Second parent adoption is an option for same-sex couples in AR, CA, CO, CT, DC, IL, MA, NJ, NY, PA, VT | Second-Parent Adoption by state (USA) / Human Rights Campaign: hrc.org |
Co-Parenting in the Unites States |
Only 2 co-parents involved | A parenting agreement can be established to protect the rights of a second parent who is not the biological mother or father of the child if he/she is not recognized as a legal parent or may not adopt the child. Local specificities / exceptions: A competent family or estate planning attorney should be consultated before planning on having a sperm donor conceived child or on a co-paternity basis as parenting rights, especially for LGTB people, and laws vary from state to state in the US. | Co-Parenting Agreement / Human Rights Campaign: hrc.org Legal Recognition of LGTB Families / National Center for Lesbian Rights (NCLR): nclrights.org |
More than 2 co-parents involved (e.g. 1 couple + 1 single or 2 couples) | A Donor agreement can be signed to determine the absence or limitation of co-parenting rights of the sperm donor. | Sperm Donor Agreement / Human Rights Campaign: hrc.org |
List of the States and abbreviations:
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