Alexis Cirel Interviewed for "The Bump" on Legal Issues Related to Family Formation in LGBTQ+ Couples
06/27/2024Alexis L. Cirel, founding partner of the Fertility Law Group and ART Fellow, Academy of Adoption and Assisted Reproduction Attorneys, was quoted extensively on the legal issues related to family formation for LGBTQ+ people in "Ready to Expand Your Family? A Get-Started Guide for LGBTQ+ People." The article was published in "The Bump," a well-read online publication targeted to expectant parents and parents of younger children.
From the article:
“Whatever path they choose, there are special considerations for LGBTQ+ couples in family formation matters from a legal perspective,” says Alexis L. Cirel, a family and fertility lawyer and founding partner of (the Fertility Law Group at Warshaw Burstein LLP) in New York City. Not only do pathways like adoption, using a donor and surrogacy need to follow local and state laws, but they also require legal protection recognizing the parent-child relationship for LGBTQ+ families. “A common misconception is that having both parents’ names on a child’s birth certificate sufficiently secures parentage rights for LGBTQ+ couples—it does not,” she explains. “While birth certificates certainly convey some privileges, they’re administrative in nature and don’t carry the same weight as a legal declaration of parentage, and therefore should not be relied upon exclusively.”
Her recommendation for LGBTQ+ couples looking to conceive through assisted reproductive technology (IVF, IUI, etc.) is to seek a court order or other judicial documentation that makes your legal rights as the child’s parents ironclad. “Many jurisdictions in the United States have established statutory regimes and precedential authority designed to ensure equal treatment of LGBTQ+ families in the context of these parentage proceedings,” Cirel says. “However, some states lag woefully behind leaving gaps in protective legislation nationwide.”