The new law, which took effect on July 18, , provides that when a woman bears a child conceived by artificial insemination, and her spouse or unmarried partner consents in writing to the insemination, the consenting spouse or partner is a legal parent.
With the enactment of this measure, the District has become the first jurisdiction in the country to enact a statute specifically providing children born through artificial insemination with two legal parents from the beginning even when those parents are a same-sex or different-sex unmarried couple. A similar law goes into effect January 1, in New Mexico. Such a provision was recommended in a model law adopted by the American Bar Association last year. An identical presumption is in effect in the nine other states that currently allow same-sex couples to marry or enter into civil unions or comprehensive domestic partnerships.
The first such adoption was granted in the District of Columbia in In , the D. Court of Appeals approved the practice. It also approved the ability of same-sex couples to jointly adopt children. Numerous states allow such adoptions, while a handful of states ban them. Now the child of a lesbian couple will have the same economic and emotional security accorded the children of heterosexual married couples who use artificial insemination. Because the District bans surrogacy, this measure does not affect the legal status of the partner or spouse of a gay man who has a biological child born in another jurisdiction using a surrogate mother.
Under existing District law, the partner can adopt the child. Council member Phil Mendelson was the principal sponsor of the measure, which received unanimous support from all 13 members of the D. Council from introduction through passage. Mayor Adrian Fenty signed the measure in May. The law went into effect on July 18, The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education.
Professor Nancy Polikoff of the American University Washington College of Law is a nationally-recognized family law expert who has worked on gay and lesbian family law issues for more than 30 years. She was the lawyer for the first second-parent adoption in the District of Columbia 18 years ago and for the gay male couple in In re M. The mission of Come Out With Pride Orlando is to cultivate visibility, authenticity, and acceptance by curating inclusive experiences that celebrate and embody the spirit of queer resilience.
