Advances in reproductive medicine have given same sex couples and gay singles the ability to become parents via third party reproduction by using a surrogate mother, egg donor, sperm donor or any permutation of them.

Certainly, single or coupled men or women can use a surrogate. While single and coupled men will require an egg donor, single or coupled women are provided access to donors when their infertility is ovarian based. Florida does not have any prohibitions for the use of surrogacy or gamete donation arising from marital status or sexual orientation.

Same sex couples should obtain a second parent adoption because the child will be the genetic child of only one member of the couple. To cut off a question of parentage, custody and authority, we will prosecute a second parent adoption when asked. The administration of such an adoption will require a home study, including a biography, financial report and letters of support from family, friends and professional acquaintances. You will also need a criminal background check from Law Enforcement.

Legal Issues for Female Same-Sex Couples

There is an increasing use of embryo donation or embryo sharing within Female couples. Here, one woman will share or transfer her eggs with/to her partner who will carry the child to term. Of course, the Couples’ intentions are that the parenting will be shared. We believe the best manner to carry out that intention is to draft an egg sharing arrangement where the Couples’ desire to co-parent are memorialized in a legal document. After birth, we will then prosecute a second parent adoption to place both Parents names on the birth certificate.