Groundbreaking New D.C. Law for Lesbian Moms

In a national first, a new Washington, D.C. law grants legal parenthood to both women of a couple who plan a child together using donor insemination.

More specifically:

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. That person’s name will appear as a parent on the child’s birth certificate. 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. . . .

The new law also establishes that when a woman in a registered domestic partnership bears a child, her domestic partner is the presumed parent of the child and the partner’s name will appear on the child’s birth certificate. [Via NCLR.]

An Oregon case last week came to a similar conclusion as regards donor insemination. This is the first such legislative move. (States where same-sex partners can marry or have a civil union or equivalent domestic partnership will usually put both moms on the birth certificate only if they are married or CU’d/DP’d.)

Nancy Polikoff has all the details at her blog, and was involved in drafting the legislation, so she knows whereof she speaks. She even explores what the new law means for adoptive families and gay dads who have a child through surrogacy. (Short answer: Not much, although other D.C. statutes may consider partners to be “de facto” parents.)

Furthermore, she notes, the new law states that “a semen donor is not a parent unless he and the birth mother have an agreement in writing saying that he is.” Such legal clarity will help avoid problems like this.

She also wisely adds: “Lesbian and gay family law is complex, especially when families relocate. I still advise lesbian couples to meet with a lawyer before their child is born. Although not required for parentage under DC law, a court order confirming the nonbiological mother’s status will make that status more secure across the whole country.”

Thanks to Nancy and all of the others who helped make this happen, and congratulations to all the families in D.C. who will benefit.