How Law Shapes Experiences of Parenthood for Same-Sex Couples

Abstract

The authors wish to thank Kimberly Tyler, Julia McQuillan, and Helen Moore for their helpful comments and suggestions. We also thank the families who generously shared their stories. Abstract Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents in Nebraska, where laws are less supportive, discussed having to "work within the system" available to secure their families while those in California described living in "a bubble" that gave same-sex parents legal protections less available in other parts of the country. Policy and clinical implications of these findings are discussed. How Law Shapes Experiences of

Law and LGBQ-Parent Families

“…All had used an unknown donor "in order to avoid any threats to their custody rights by a donor" (p. 758). Park et al (2015) corroborate this finding, showing that some respondents chose to use an unknown donor through a sperm bank to eliminate the possibility that someone else could make a legal claim to the child. Those who use known donors often work with a lawyer to execute a donor agreement that stipulates the intended arrangement (Chabot and Ames 2004).…”

“…In contrast, they thought that surrogacy was the most legally secure route to parenthood to pursue. These findings were corroborated by Park et al (2015). They analyzed data from 51 gay and lesbian parents in California and Nebraska.…”

“…This was particularly true for those respondents in Nebraska, who viewed adopting as a lesbian couple to be either impossible or extremely difficult. Park et al (2015) also found that gay men in California discussed their decision to become parents through surrogacy in reference to their state's laws. Namely, that both parents would be able to be immediately listed on the birth certificate contributed to gay men's interpretation that surrogacy was the most legally secure way to become a parent and their decision to choose this route to parenthood.…”

“…(Cahill et al 2003;Ramsey et al 2010, p. 6). Finally, international adoption in particular is seen as especially difficult if not impossible for LGBQ parents and same-sex couples (Brown et al 2009;Park et al 2015). A couple in Park and colleagues' study, for instance, reflected that in order for them to be able to adopt internationally, they would have to remain closeted.…”

Addressing Fertility Preservation for Lesbian, Gay, and Bisexual Adolescents and Young Adults with Cancer

“…Previous scholarly work has demonstrated that intentions of fertility and aspirations of parenthood are likely different for LGBs than for heterosexuals, 31,32 potentially influenced by legal regulations (e.g., prohibitions surrounding same-sex marriage, adoption, or surrogacy), 33 as well as negative social attitudes and discriminatory practices that have created obstacles to parenthood, 34 and have impeded access to fertility services for LGB individuals and same-sex couples. The implicit and explicit messages of heterosexual bias are grounded in stigmatizing narratives that perpetuate the belief that LGB individuals are morally unfit to parent, and claim that children who have LGB parents will experience emotional and psychological harm.…”