Child conception for lesbian couples is a multi-step process that can be fairly straightforward when done with planning and deliberation but can create very complicated situations if done in a nonchalant manner. Like most of the legal system, statutory and case law is often a step or two behind the realties facing gay and lesbian couples. For lesbian couples, the answer to this problem generally lies in creating redundancies within the child conception process. Usually such conception involves three steps: Pre-insemination planning, insemination, and then post-birth adoption.
For example, while almost all hospitals will now allow a second mother/stepparent to place her name on the birth certificate, this alone will not establish that the non-biological mother has parental rights or obligations over the child. To this end, if insemination occurs incorrectly, and there is no sperm donor agreement, the biological father could very well end up being the second parent legally speaking. Thankfully, Code sections such as Family Code Section7613 lay out a precise method for insemination to prevent such mishaps from occurring. By understanding such laws and requirements a gay or lesbian couple can minimize the pitfalls inherent in the lagging legal system.
LGBT couples face these unique challenges when contemplating having child, and, although challenging, are not insurmountable. The San Francisco based attorneys of Jones & Devoy have experience with same sex couples during child conception and adoption and can you and your family plan the best route.