It’s such an exciting time when you decide to have a baby, and more and more individuals and same sex couples are becoming parents because the options available are more accessible than they were.

Often a woman in a same sex relationship or flying solo will opt for sperm donation, and the insemination may be done at home. This can have an impact on parental responsibility, and she should be fully alive to any legal consequences in respect of the purchase of any sperm. It may be tempting to consider a donor who is a close friend and allow them to play a significant role in the child’s life and this is considered as a type of co-parenting.

Whilst it initially seems simple and the best route, the reality can be much different. If you do decide this is the way to go, it is therefore worthwhile drafting an agreement to determine how you will deal with any future decisions, and time spent with the child. Although not necessarily legally binding, it may assist should the matter end up before a judge in the future.

Egg donation, conversely, will always be dealt with at a clinic, and on the basis that it is licenced, the donor will have no legal rights or responsibilities in the same way a sperm donor wouldn’t. However, those donating the sperm without the use of a licensed donation clinic may be considered the legal father of the child depending on certain circumstances.

Surrogacy has long been a firm favourite for male same sex couples wanting to have a family. There are two types; full surrogacy where there is no genetic connection to either father or partial surrogacy where the surrogate’s egg is fertilised with the one of the dad-to-be’s sperm (or the egg of the mother in the case of females). This is a complex area of law with several pitfalls, so if you are considering surrogacy, you should definitely seek legal advice before you go ahead.

The hormone therapy undergone by many transgender and non-binary people can have a huge effect on fertility that isn’t fully appreciated until later on in life, and as a result people may find themselves considering fertility preservation options before embarking on the above options. Using your own eggs or sperm for IVF or surrogacy can still bring its own legal issues, for example, parental responsibility.

Adoption is a long process, filled with complexities and the court need to grant an order before the adoption can be finalised, but is still an incredibly popular route for LGBTQIA2S+ soon to be parents.

DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.