New York LGBTQ Fertility Lawyer

New York LGBTQ Fertility Lawyer

If you are an LGBTQ+ parent or prospective parent in New York, the legal protections surrounding your family depend on decisions you make before and during your path to parenthood through assisted reproduction or egg donation and gestational surrogacy.  Recent federal policy shifts have highlighted exactly how parental rights may be vulnerable for anyone growing their family through third party reproduction – especially LGBTQ+ parents.  The differences between parentage orders and adoption decrees, and uncertainty regarding recognition of parental rights across state lines and in foreign jurisdictions are concerning for LGBTQ+ parents – especially under the present US administration.

Oleaga Law LLC represents gay, lesbian, bisexual, transgender, queer, and non-binary clients building families through every form of assisted reproduction and adoption.  Janene Oleaga is a member of the National LGBTQ+ Bar Association and has contributed to LGBTQ+ media on family formation laws and reproductive rights. Schedule a free consultation with Janene, a New York LGBTQ fertility lawyer, to discuss the protections and legal recognition available to your family through judgments of parentage, second parent adoption, confirmatory adoption, and other legal documentation.

Why Choose Oleaga Law LLC for LGBTQ Fertility Law in New York?

Practice Rooted in LGBTQ+ Family Formation

Oleaga Law LLC was founded on the principle that everyone is deserving of a family regardless of sexual orientation, gender identity, marital status, citizenship, or genetic connection.  Janene Oleaga has contributed to inclusive legislation and articles in Out magazine, The Advocate, the Portland Press Herald, Boston IVF, and Kindbody regarding LGBTQ+ family building.  Every client receives the same compassionate guidance throughout their family building journey.  Janene Oleaga is admitted to the bars of New York, Maine, New Hampshire, and Connecticut.  Her general practice as a reproductive rights advocate and fertility lawyer in New York draws on memberships with Equality New York, Men Having Babies, and the National LGBTQ+ Bar Association.

Published Voice on LGBTQ+ Family Rights

Janene was featured in The Advocate on protecting the rights of LGBTQ+ families, in Parents among 30 same-sex couples raising kids, and in Forbes on financial planning.  She has contributed pieces to Femtech World on fertility treatment, HelloPrenup on embryo disposition agreements, and the Kindbody Fertility Blog on fertility arrangements available to hopeful LGBTQ+ parents.  Her professional memberships include the Academy of Adoption and Assisted Reproduction Attorneys, the American Society for Reproductive Medicine Legal Professional Group, the American Bar Association Assisted Reproductive Technology Committee, and Resolve: The National Infertility Association.

Janene is also a proud board member of New York Attorneys for Adoption and Family Formation (NYAAFF), AllPaths Family Building, and Vice President of the New England Fertility Society.

Results That Protect Families

Our firm offers free initial consultations, transparent fee structures, and direct access to Janene throughout your journey.  Your path to parenthood (whether through egg donation and surrogacy, sperm donation, or embryo donation) and the securing of your legal parental rights is addressed from the very first phase of your family planning.

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“Janene was absolutely amazing in helping us navigate our surrogacy journey in the United States. We are a LGBT+ couple from Israel, and we can’t thank her enough for the incredible support she provided. Right from the start it was clear that Janene knows surrogacy law inside out. She handled every aspect of our surrogacy agreement with such professionalism and attention to detail.”

-Arie Leibovich

Prior results do not guarantee a similar outcome.

Read more reviews on our Google Business Profile.

Types of LGBTQ Fertility Cases We Handle in New York

LGBTQ+ family formation spans a wide range of legal pathways. The scenarios below represent the matters our firm handles most frequently for clients across New York.

• Surrogacy.  Couples building their families through gestational surrogacy require comprehensive contracts, coordination with fertility clinics and gamete donors, pre-birth parentage orders, and sometimes post-birth parentage orders.  Janene handles independent journeys and agency-coordinated matches for intended parents and gestational surrogates across New York, Connecticut, Maine, New Hampshire, and internationally.
• Reciprocal IVF.  Reciprocal IVF allows one partner to provide the egg for conception of the child for the other partner to gestate the pregnancy with the intention that both partners be the legal parents of the child.  Reciprocal IVF requires careful coordination between clinic consent forms and legal documentation so that parentage recognition on all documents is aligned with the parents’ intentions.
• Sperm Donor Agreements. Many LGBTQ+ couples elect to work with a directed (known) sperm or egg donor to conceive a child.  Informal arrangements between friends can create child support exposure for sperm donors and parentage uncertainty for the intended parents and donor alike.  A well-drafted, forward-thinking sperm donation agreement addresses the sharing of medical records and information, conception planning (clinical vs. non-clinical), reimbursements for the donor, future contact expectations of all parties, how legal parentage will be secured, protections for the donor, and more.
• Second Parent, Step Parent, and Confirmatory Adoption. Non-biological and non-gestating parents in same-sex relationships often pursue a second-parent adoption or confirmatory adoption after their child is born.  A second parent or step parent adoption establishes a legal parent-child relationship for the non-biological or non-gestating parent, while a confirmatory adoption reaffirms presumed parentage.  The legal order verbiage and processes available to parents is jurisdiction dependent.  In New York, step parent and second parent adoptions remain options even if you have already obtained a judgment of parentage under the New York CPSA.  This belt-and-suspenders approach has become more common as the legal climate around family recognition has become less predictable.
• Pre-Birth Orders for Same-Sex Parents. Pre-birth judgments of parentage for children born through assisted reproduction allow for parental recognition of both parents from the moment of birth and for both parents to be named on the child’s original birth certificate. Pre-birth orders (and post-birth orders) are an essential part of every surrogacy journey, ensuring the legal status of both parents from the very beginning of the child’s life.  Judgments of parentage, whether obtained pre-birth or post-birth, are more important now than ever before, as some states move towards more restrictive legal frameworks for LGBTQ+ parents.
• Transgender Parents and Assisted Reproduction. Transgender individuals building families face distinct legal and medical considerations. Our firm helps trans parents navigate gamete preservation, access to fertility care, parentage orders, and birth certificate corrections when the parent’s legal gender differs from what is provided on vital records documents.
• Egg Donation. Many LGBTQ+ intended parents use donated eggs or embryos to build their families. The egg donation process requires independent legal representation for the intended parents and for the egg donor, along with clear contract terms addressing compensation, logistics, medical processes and risks, informed consent, future contact, and dispositional control over remaining genetic material.
• Family Formation Across Borders. LGBTQ+ intended parents from abroad often pursue gestational surrogacy in the United States because of the clear legal framework some states provide, including most states in the northeast.  Our firm coordinates with foreign counsel to plan for citizenship, travel documents, and securing parentage orders that will be recognized in the intended parents’ home country.
• Prenuptial Agreements with Reproductive Provisions. Many couples undergoing fertility treatment are entering prenups with provisions addressing the future ownership and dispositional control of their embryos in the event of a separation or divorce, and determinations of legal parentage for any resulting child. Decisions about embryos and prenups made before marriage avoid the strained and sometimes hostile conversations that follow the direction of embryo disposition during a separation or divorce.
• Judgments of Parentage. Whether married or unmarried, LGBTQ+ couples building families through assisted reproduction benefit from a judgment of parentage to ensure their parental status is legally recognized.  Recognition of parental status is especially important in jurisdictions outside New York, where marital presumptions alone may not protect both parents. Janene files parentage petitions in Supreme Courts across New York, from Manhattan to Erie County.

New York Legal Requirements for LGBTQ Fertility Cases

New York offers some of the strongest legal protections for LGBTQ+ families in the country.  The Child-Parent Security Act, codified at Article 5-C of the Family Court Act, took effect on February 15, 2021 and legally permitted compensated gestational surrogacy to all New York families for the first time.  The CPSA also created a streamlined process to secure legal parentage to children born through assisted reproduction by petitioning the court for a judgment of parentage.  Parentage to children born through assisted reproduction can now be established on principles of intent and consent as opposed to the traditional framework of marital status and genetic connection. The legalization of gestational surrogacy as set forth in Family Court Act Article 5-C has been particularly meaningful for gay couples who previously could not enter enforceable New York gestational surrogacy arrangements.

Though marriage equality as guaranteed in Obergefell v. Hodges (2015) extends the marital presumption to gay couples, it is simply not enough to rely on the martial presumption when it comes to parentage – especially in today’s political climate. Parentage rights for same-sex couples were provided some protection by the Supreme Court in Pavan v. Smith (2017) which held that a state may not deny married same-sex couples the same rights afforded to married opposite-sex couples with respect to birth certificates.  Additionally, V.L. v. E.L. (2016), affirmed that a state must recognize a valid adoption judgment issued by a court in another state under the constitutional principle of full faith and credit.  These decisions remain good law, though federal policy developments have prompted many LGBTQ+ families to pursue additional legal protections to secure their parental rights.  In New York, the Supreme Court recognized three parents to a child born through assisted reproduction in the landmark ruling of Matter of Baby D.K.N. (2025).

The New York State Department of Health issues birth certificates consistent with parentage orders, and state anti-discrimination law extends to sexual orientation, gender identity, and gender expression.  This contributes to the protections available to LGBTQ+ New Yorkers growing their families being among the strongest in the country.

Important Aspects of an LGBTQ Fertility Case in New York

Every LGBTQ+ fertility matter involves legal decisions that shape family status for a lifetime. The components below most often determine whether a case establishes durable legal protections or leaves gaps that surface later.

Establish Parentage Before Birth When Possible and After Birth When Advisable

Pre-birth parentage orders are the strongest tool available to LGBTQ+ intended parents through assisted reproduction since they ensure parental rights are recognized from the moment of birth.  These judgments of parentage also permit the names of both parents to be provided on the original birth certificate, eliminating the need for an amendment process after birth.

If you didn’t get a pre-birth order of parentage to your child born through assisted reproduction or gestational surrogacy, you can still protect your family by pursuing a post-birth judgment of parentage.  In gestational surrogacy, intended parents typically obtain both a pre-birth judgment of parentage and an amended post-birth judgment of parentage.  The drafters of the CPSA made clear that the statute is intended to apply retroactively, rendering judgments of parentage available for children born through assisted reproduction even before the statute was enacted in 2021.  If you reside in New York, and have a child through assisted reproduction, you can pursue a judgment of parentage anytime.

Consider Confirmatory Adoption for Extra Protection

A New York judgment of parentage is entitled to full faith and credit across state lines.  Family formation lawyers often disagree about whether a confirmatory adoption provides additional protections to LGBTQ+ parents through assisted reproduction, and the answer depends on the specifics of your family building, residence, travel plans, and lifestyle.  Many LGBTQ+ family law scholars recommend the belt-and-suspenders approach of a confirmatory adoption for families who travel, relocate, or spend time in jurisdictions with a less favorable legal climate. The practical tips for LGBTQ+ parents we share with clients address travel documents, medical authorizations, and school enrollment questions.

Address Donor and Gestational Carrier Terms in Writing

Directed (known) donation arrangements and gestational surrogacy arrangements require comprehensive written contracts signed before a donation or embryo transfer occurs at the IVF clinic.  These comprehensive gestational surrogacy agreements should address compensation, future contact, health insurance, life insurance, medical decision-making authority, establishment and relinquishment of parental rights, delivery intentions and logistics, lifestyle restrictions, and more.  A well-drafted gestational surrogacy agreement should serve as the roadmap for your surrogacy journey, from before embryo transfer through pregnancy, birth, and the postpartum period.  Gaps in your agreement can contribute to miscommunication and unmet expectations of the parties, and often make the difference between an incredible surrogacy journey and a disappointing one.

Plan for Interstate and International Recognition

LGBTQ+ families who travel or relocate should secure their legal parentage and ensure all other documentation reflects their parentage accurately.  Passports, school records, medical authorizations, and foreign consular filings should all flow from consistent legal findings regarding who a child’s parents are.  Our firm prepares parentage orders with portability in mind and advises clients on supplemental documentation for international travel, estate planning, school enrollment, and more.

Coordinate with the Fertility Clinic

Fertility clinics have their own consent forms, intake questionnaires, and treatment protocols. LGBTQ+ intended parents should review clinic paperwork carefully before signing, particularly the language regarding the status of non-biological partners and the status of the individuals contributing genetic material, who may or may not be a legal parent.  Our firm reviews clinic consent forms for consistency with patients’ intentions, and to ensure all parties to a reproductive arrangement are aware of the risks and providing their fully informed consent.

Contact Oleaga Law LLC

LGBTQ+ family formation requires an attorney who understands both the nuances of the legal framework across jurisdictions and the real-world stakes.  Oleaga Law LLC offers free initial consultations for clients building families through gestational surrogacy, donor conception, reciprocal IVF, and adoption across New York, throughout the United States, and internationally. During your consultation, Janene will listen to the specifics of your family-building, identify the contracts and petitions required for durable legal protection, and discuss your options for protecting your family with a focus on cross-border recognition. We serve clients from New York City, Long Island, Westchester, Rockland County, and communities statewide. Contact us today to schedule your consultation with an LGBTQ fertility attorney in New York.