Milestones in Family Building for LGBTQ Parents
We’ve come a long way in terms of same-sex couples being able to build their families, from getting married to having children, whether through adoption or assisted reproductive technology. In terms of the overall timeline, it’s all pretty recent, but progress is progress. Here are some of the major milestones legally that have make the most difference in family building for LGBTQ parents in New Mexico (and many other states!).
- December 19, 2013 - Same-sex marriage becomes legal in New Mexico! This is when the New Mexico Supreme Court ruled that all county clerks across the state must issue marriage certificates to qualified couples, regardless of gender. Hooray! This was huge! Until this date, marriage licenses could only be obtained on a county level and at the discretion of the local issuing authorities. You can see details of timelines of when each county made same-sex marriages legal here.
- June 26, 2015 - Same-sex marriage becomes legal throughout the country. In the Obergefell v Hodges case, the US Supreme Court ruled that marriage is a fundamental right guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the US Constitution. So, ALL 50 states had to both perform for and recognize marriage of same-sex couples the exactly the same as opposite-sex couples, with all the rights and responsibilities that go with marriage. Score, US. Way to go! To read more about the case, click here.
- June 26, 2017 - US Supreme Court confirms that same-sex couples rights include the “constellation of benefits” that come with marriage. What does “constellation of benefits” mean? So glad you asked. These include rights such as those rights related to being a parent - like both parents being listed on the birth certificate. Seems like a given, but apparently it wasn’t. This is consistent with some states, where surrogacy is supported, issuing Pre-Birth Orders prior to the baby being born, clarifying legally who the parents are – whether it is two mothers or two fathers. And in most states a Pre-Birth Order allows both parents to be automatically listed on their child’s birth certificate, making post-birth paperworks after birth much smoother for everyone involved, including the gestational carrier.
It takes many people and many small steps to make big changes but thankfully, there are people who care about equality and making a difference and will fight for the cause. If you are ready to grow your family through gestational surrogacy, contact New Mexico Surrogacy today to schedule your free consultation.