What are some legal issues for same-sex couples undergoing fertility procedures?

What are some legal issues for same-sex couples undergoing fertility procedures?

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Gregory Dolin, M.D., J.D. John M. Olin Fellow in Law  
Oncofertility Consortium  
Feinberg School of Medicine, Northwestern University

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For example, same-sex couples, because the right is individual, any female can go and seek health care services..and let me just take a step back and say just because there is a right to reproduction, there is access, but there is no right to have someone else pay for it. But to the extent that you can afford to do it, the state can’t stop you. It’s not a positive right, it’s more of a negative right by non-interference by the state. That said, any female, whether she’s gay or not, can seek out reproductive services but in some states, then there is a problem on the back end. Some states, for example, Florida, they do not permit same sex adoptions. So this female, suppose she goes, has IVF, successful, gives birth to the child, her child, her name would be on the birth certificate. But then her partner could not be the second adoptive parent. In Florida, she cannot adopt. In other states she can, so that’s one potential issue.