Confirmatory Adoption - Because Being on the Birth Certificate is Not Enough to Ensure Second Parents' Rights

Building your family through assisted reproductive technology (ART) is an exciting journey. Whether you’re pursuing IVF with a donor, embryo donation, or gestational surrogacy, clear legal agreements are essential to protect everyone involved—and to ensure your parental rights are secure from the start. Unfortunately, many intended parents, donors, and surrogates underestimate how critical these agreements are, or they assume “standard paperwork” from a clinic is enough. Here are the top five mistakes to avoid in ART agreements—and how to do things the right way. 1. Using Only Clinic Forms Instead of Custom Agreements Fertility clinics often provide consent forms, but these are not legal contracts. Clinic forms cover medical procedures—not parental rights, responsibilities, or future disputes. What to do instead: Always work with an experienced ART attorney to draft agreements tailored to your family’s unique situation and compliant with local laws. 2. Ignoring State-Specific Requirements ART law varies widely from state to state. Maryland, Virginia, and Washington, DC each have their own laws about surrogacy, donor agreements, and parentage orders. Using an agreement designed for another jurisdiction—or skipping legal review altogether—can leave your parentage uncertain. What to do instead: Choose an attorney who practices in the state where your child will be born or where your procedure takes place to ensure full legal recognition. 3. Failing to Address Future Issues What happens to unused embryos? What if a donor wants future contact—or none at all? What if a surrogate is placed on bed rest? Leaving these questions unanswered now can lead to disputes later. What to do instead: Make sure your agreements address every foreseeable issue, from medical decisions during pregnancy to future communication preferences. 4. Waiting Too Long to Get Legal Advice Some families wait until after treatment has started to contact an attorney. By then, it may be harder to resolve problems or meet court deadlines for parentage orders. What to do instead: Engage legal counsel early to ensure any agreements are in place.. A properly drafted agreement should be signed and finalized before donations occur, insemination occurs or embryos are transferred. 5. Not Securing a Parentage Order Even with a solid donor or surrogacy agreement, you may still need a court order confirming parental rights. Without it, you could face issues with birth certificates, travel, or even medical decision-making for your child. What to do instead: Ask your attorney whether a pre-birth or post-birth parentage order is required in your jurisdiction or if an adoption is recommended—and don’t skip this step. Final Thoughts Assisted reproductive technology makes parenthood possible, but the law is what makes parenthood secure. Avoiding these common mistakes will save time, money, and stress—and protect your family’s future. At Foster + Bloom Family Formation Law Group , we guide intended parents, donors, and surrogates through every step of the legal process. Whether you need a donor agreement, surrogacy contract, or parentage order, we ensure your rights are clear and your family is protected. Contact Foster + Bloom Family Formation Law Group today to make sure your ART agreements are done right—from the very beginning.

Parenthood no longer comes with a single definition. For many people, the dream of having a child doesn’t depend on having a partner—it depends on having a plan. Single parents by choice are embracing assisted reproductive technology (ART) to grow families on their own terms, proving that love, commitment, and preparation are what truly define parenthood. What Does "Single Parent by Choice" Mean? A single parent by choice (SPBC) is someone who decides to have and raise a child independently, rather than waiting for a partner to start a family. Thanks to advances in ART, including sperm donation, egg donation, embryo donation, and even gestational surrogacy, becoming a parent without a partner is not only possible but increasingly common. ART Options for Single Parents 1. Sperm Donation: Often used by single women or female-identifying parents to conceive via intrauterine insemination (IUI) or in vitro fertilization (IVF). 2. Egg Donation and Surrogacy: Frequently chosen by single men or male-identifying parents who require both donor eggs and a gestational carrier. 3. Embryo Donation: A cost-effective option that allows individuals to receive donated embryos created by other families. 4. Fertility Preservation: Some people choose to freeze eggs, sperm, or embryos while planning the right time to move forward with parenthood. Why Legal Guidance is Essential While ART clinics focus on the medical side, legal planning protects your parental rights from day one. For single parents, this includes: Donor agreements to clearly establish that sperm, egg, or embryo donors do not have parental rights. Surrogacy contracts to protect both the intended parent and gestational carrier. Parentage orders ensuring you are recognized as the sole legal parent in Maryland, Virginia, or Washington, DC. Because ART laws vary by state, working with attorneys who know local statutes ensures your parenthood is secure regardless of where your child is born. Advantages of Being a Single Parent by Choice Autonomy in decision-making: You control your timeline and family-building choices. Strong community networks: Many SPBCs connect with support groups and other solo parents. Legal clarity: With proper agreements, your parental rights are established without ambiguity. Financial and Emotional Planning Budgeting is key for any ART journey, but especially for single parents who are covering costs independently. Consider:  Medical and clinic fees for IUI, IVF, or surrogacy Legal costs for agreements and parentage orders Insurance coverage and childcare planning Emotional support networks—friends, family, or parent groups who can offer practical help Final Thoughts Being a single parent by choice means defining family in a way that fits your life—not someone else’s expectations. With ART, love, and preparation, your dream of parenthood is entirely within reach. At Foster + Bloom Family Formation Law Group , we guide single parents through every legal step of the ART process. Whether you’re considering sperm donation, surrogacy, or embryo donation, our team ensures that your rights—and your child’s future—are protected from the very beginning. Contact Foster + Bloom Family Formation Law Group to start building your family on your own terms.

Starting a family through assisted reproductive technology (ART) —whether through IVF, egg or sperm donation, embryo donation, or surrogacy—is one of the most exciting decisions you can make. But along with the hope and anticipation comes an unavoidable question: How much will this really cost? For many first-time intended parents, ART expenses feel overwhelming because the costs don’t come from one single source. Instead, they’re spread across medical procedures, donor or surrogate arrangements, legal fees, and sometimes even travel. Having a clear financial plan upfront helps you stay focused on your goal rather than worrying about the numbers. Why ART Requires a Comprehensive Budget It's tempting to look only at the price of a single IVF cycle or an agency fee, but ART is rarely just one step. The process may include:  Multiple treatment cycles if the first isn’t successful Separate agreements for donors, surrogates, or parentage orders Costs that vary by state law, especially if your clinic or carrier is outside your home state A realistic budget accounts for both expected and unexpected expenses , so you’re never caught off guard. Breaking Down the Major Costs 1. Medical and Fertility Care This typically includes consultations, testing, medications, embryo creation or transfer, and prenatal care for a surrogate. These are the core clinical expenses that vary by treatment plan, insurance and location. 2. Donor or Surrogacy Costs If you’re working with an egg, sperm, or embryo donor—or with a gestational carrier—reimbursement and related expenses must be factored in. 3. Legal Fees ART isn’t complete without legal protections. You’ll need: Donor agreements to establish rights clearly Surrogacy contracts to protect everyone involved Parentage orders to ensure your parental rights are recognized at birth The laws of Maryland, Virginia, and Washington, DC differ significantly, which is why working with an attorney experienced in these jurisdictions is essential to prevent costly delays or disputes. 4. Other Considerations Travel, lodging, agency fees, court filing costs, and even time away from work can add up. Including these in your planning prevents unpleasant surprises. How Legal Planning Saves Money in the Long Run Some families see legal fees as an optional add-on to the medical process—but skipping or delaying legal work can lead to expensive complications: Disputes over parental rights Delays in getting birth certificates Noncompliant agreements that courts won’t honor Engaging an attorney before any procedures begin keeps everything on schedule and ensures every dollar you spend supports your ultimate goal: bringing your child home. Practical Tips for Financial Planning Ask for detailed estimates from every provider—clinic, agency, and attorney. Consider the possibility of more than one IVF cycle and plan accordingly. Review insurance coverage —including supplemental policies for surrogates if needed. Look for employer benefits or financing options that can offset out-of-pocket costs. Build in a legal budget upfront rather than waiting until later in the process. Final Thoughts Budgeting for ART isn’t just about calculating expenses—it’s about peace of mind. When you have a clear understanding of the financial landscape, you can focus on what truly matters: creating your family. At Foster + Bloom Family Formation Law Group , we help intended parents, surrogates, and donors navigate ART with confidence. By clarifying legal requirements early, we help you avoid unexpected costs and protect your parental rights every step of the way. Ready to plan for both the emotional and financial sides of ART? Contact Foster + Bloom Family Formation Law Group to schedule a consultation today.

When you begin your journey with assisted reproductive technology (ART) —whether through IVF, egg or sperm donation, or surrogacy—it may feel like a purely medical process. After all, your first stops are often fertility specialists, embryologists, and clinics. But while science makes ART possible, law makes parenthood secure. The path from clinic to courtroom is where medicine and family law come together. Understanding this intersection is crucial to protecting your parental rights and ensuring a smooth, stress-free experience. Where the Medical Process Ends - and Legal Protections Begin Fertility clinics are experts in medicine, not in law. They focus on the success of your pregnancy, but they do not provide legal advice about parentage, custody, or rights. That’s where an experienced ART attorney comes in. Some of the key points where medicine and law overlap include: Donor agreements: If you’re using donated eggs, sperm, or embryos, you need a clear legal contract establishing that the donor has no parental rights. Surrogacy arrangements: A gestational carrier agreement is essential to protect everyone involved—intended parents, the carrier, and the child. Parentage orders: Courts confirm who the child’s legal parents are, either before or after birth, depending on state law. Without these legal steps, families can face uncertainty—even after a successful pregnancy. Why State Law Matters in ART Every state has different rules governing ART and it is essential for the right state law to apply to your journey to ensure proper legal protections. If you live, work, or seek treatment across state lines, these differences make early legal planning critical . The Courtroom Side of ART You may never physically appear in court, but court involvement is often necessary to finalize your parental rights. This may include: Pre-birth orders: Establishing parentage before the child is born so your names are on the birth certificate from day one and legal parentage is clearly established. Post-birth orders: Used when state law requires confirmation after delivery. Adoption proceedings: Sometimes used to ensure parental rights in cases involving embryo donation or certain donor arrangements. The courtroom isn’t about questioning your parenthood—it’s about securing it beyond dispute. Why You Need a Legal Team on Day One By partnering with an attorney before your medical procedures begin , you can: Ensure contracts comply with local laws. Avoid delays at the hospital or when obtaining birth certificates. Protect your rights as parents, donors, or carriers. Have peace of mind that every step is legally sound. At Foster + Bloom Family Formation Law Group (formerly Modern Family Formation) , we guide clients through every stage of ART —from drafting agreements to securing parentage orders. Final Thoughts Assisted reproductive technology makes parenthood possible. Family law makes parenthood secure. If you’re building your family through ART, make sure you have legal guidance to match the cutting-edge medical care you’re receiving. Foster + Bloom Family Formation Law Group is here to help you navigate both worlds—so you can focus on what matters most: welcoming your child home. Contact us today to learn how we can protect your family at every step of the ART journey.

Building a family isn’t always straightforward—and that’s okay. Today, more people than ever are turning to assisted reproductive technology (ART) to help make parenthood possible. But if you’re hearing terms like IVF , gamete donation , or gestational surrogacy for the first time, it can feel overwhelming. This guide will help you understand what ART is, how it works, and why working with the right legal team is essential. What Is Assisted Reproductive Technology? Assisted reproductive technology (ART) is an umbrella term for medical procedures used to help people conceive a child when natural conception isn’t possible or practical. These procedures may involve handling eggs, sperm, or embryos outside the body to achieve pregnancy. Common types of ART include: In Vitro Fertilization (IVF): Eggs are fertilized in a lab to create an embryo to be transferred to the uterus. Egg or Sperm Donation: Donor gametes help intended parents who can’t use their own. Embryo Donation: A donated embryo is implanted in the uterus. Gestational Surrogacy: Another person carries a pregnancy for the intended parent(s) using their egg, sperm, or donor material. Who Uses ART? ART is used by a wide range of families, including: Couples facing infertility Single parents by choice LGBTQ+ couples building families Individuals preserving fertility before medical treatments Families who want to use genetic material from a donor or surrogate No two family-building journeys are the same—and that’s part of the beauty of ART. Why is Legal Guidance So Important? While ART offers hope and opportunity, it also raises complex legal questions that must be addressed before treatment begins. Without clear agreements and proper legal protections, issues can arise over: Parental rights: Who is recognized as the legal parent(s)? Donor agreements: What are the rights and responsibilities of egg, sperm, or embryo donors? Surrogacy contracts: How are intended parents and gestational carriers protected during the process? Parentage orders: When and how can your parentage be confirmed—before or after birth? The laws governing ART vary widely by state, which makes working with attorneys experienced in Maryland, Virginia, and Washington, DC essential. At Modern Family Formation, we help intended parents, donors, and surrogates navigate these legal steps with confidence, ensuring everyone’s rights are clear and protected. Your Next Steps as a First-Time Parent If you’re considering ART, here’s how to start your journey: Learn about your medical options by consulting a trusted fertility specialist. Discuss your goals and concerns openly with your partner, family, or support system. Work with an experienced ART attorney early to ensure agreements are in place before any procedures begin. Understand your timeline and budget , including medical, legal, and logistical costs. Final Thoughts The decision to become a surrogate carries great responsibility alongside its great rewards. Balancing compassion for the intended family with a strong commitment to one's own well-being is paramount. It's about creating life and joy within structured boundaries—one of the most beautiful endeavors a person can undertake.  Ready to start your journey? Contact Modern Family Formation today to schedule a consultation.

Choosing to become a surrogate is a profoundly generous act that has the potential to bring unparalleled joy to those who need assistance with growing their families.. As an attorney at Modern Family Formation, I aim to illuminate the intricacies tied to surrogacy.

In today’s diverse family landscape, second-parent adoption has become an essential legal tool for many families, particularly for those formed through assisted reproduction, same-sex relationships, or blended families. At Modern Family Formation, we focus on adoption and assisted reproduction law across Virginia, Maryland, and the District of Columbia, and we recognize the critical importance of second-parent adoption for non-delivering parents. This legal process ensures that both parents in a family, regardless of biological connection, are recognized and protected under the law. Understanding Second-Parent Adoption Second-parent adoption, also called Confirmatory adoption, allows a non-delivering parent to gain legal recognition and parental rights without the need to terminate the rights of the biological parent. This type of adoption is particularly relevant in families where one parent is biologically related to the child, while the other is not. For example, in many same-sex couples, one partner may be the biological parent through assisted reproduction, while the other partner seeks to adopt the child to ensure equal legal standing. In some cases, the non-delivering or birth parent may be the genetic parent of the child, but will still need to adopt to secure their rights. Legal Security for Your Child The most compelling reason for second-parent adoption is the legal security it offers your child. If laws changed and your parentage was challenged, the Judgment or Order of Adoption would protect your family. This protection provided includes medical care, education, and even custody should something happen to the birthing parent. Second-parent adoption ensures that both parents can provide care and make crucial decisions throughout the child's life. Protection Across State Lines Family laws can vary significantly from state to state. Second-parent adoption creates a legally recognized relationship between a child and both parents, which is respected nationwide. This means your family can move or travel without worrying about the variability of state laws affecting your parental rights. Ensuring Inheritance Rights Without a legal parent-child relationship, a child may not automatically inherit from their non-birthing parent. Second-parent adoption safeguards a child’s right to receive an inheritance, social security benefits, or insurance payouts. It provides peace of mind knowing that, in the event of the unthinkable, your child’s financial future is protected. Emotional Stability and Recognition Beyond the legal aspects, second-parent adoption affirms the emotional bond in the family.. It validates the family unit in the eyes of society and gives the child a sense of stability and belonging. Knowing that both parents are recognized equally reinforces the child's understanding of their family structure. Facilitating Parental Responsibilities Day-to-day life involves countless interactions where parental authority is assumed or required. Picking up a child from school, authorizing a field trip, or attending a doctor’s appointment are all situations where having clear, legal parental status is essential. Second-parent adoption removes any ambiguity about who has the authority to act on behalf of the child. Preparing for the Future Life is unpredictable, and preparing for all eventualities is part of responsible parenting. Should the birthing parent become unable to care for the child due to illness or death, second-parent adoption ensures that the non-birthing parent retains full parental rights, avoiding potential custody battles with other relatives or the state. Health Insurance and Benefits Many employer health plans and government benefits extend coverage to a child only if there is a legal parent-child relationship. Second-parent adoption may become necessary for securing these benefits for your child, including health insurance, life insurance, and access to family leave if your legal relationship was challenged. Reflecting Real-Life Families Our society is evolving, and the concept of family is more inclusive than ever before. Second-parent adoption is a way for the law to catch up with reality, recognizing and protecting all family structures. It sends a message that all families, regardless of how they are formed, are valid and deserving of equal treatment under the law. Conclusion At Modern Family Formation, we believe that every family should have the opportunity to secure their bonds through the full extent of the law. Second-parent adoption is not just a legal formality; it's a crucial step in safeguarding the well-being of children and the rights of non-biological parents. It's about ensuring that love, not just biology, defines what it means to be a family. If you're considering second-parent adoption, know that you're taking a powerful step towards protecting your family's future. If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!

Adoption is a profound journey that reshapes family boundaries, often bringing immense joy and fulfillment. Among the various forms of adoption, kinship adoption stands out as a unique opportunity to maintain biological family ties while providing children with the stability and love they need. As an adoption attorney, I have witnessed firsthand the transformative power of kinship adoptions and the myriad benefits they offer to both children and families. Preserving Family Bonds Kinship adoption occurs when a child is adopted by a relative or a person with whom they share a significant emotional bond. This could be a grandparent, aunt, uncle, adult sibling, or cousin.. One of the most significant advantages of this arrangement is the preservation of familial connections. Children in kinship adoptions may experience less trauma compared to non-relative adoptions because they are placed in a familiar environment, with people they already know and trust. Continuity of Culture and Identity Children thrive on continuity, and kinship adoption can provide a sense of identity and belonging that is crucial for their development. By staying within their biological family, children can maintain their cultural heritage, traditions, and language. This continuity can help to foster a strong sense of self and supports a smoother transition into their new family dynamic. Strengthening the Support Network Kinship adoption not only benefits the child but also strengthens the support network for the adoptive family. Relatives often have an established relationship and understanding of the child's background and needs. This shared history can make it easier for the family to navigate challenges and celebrate successes together. Legal and Financial Considerations From a legal standpoint, kinship adoption can be more straightforward than other types of adoption. Since the adoptive parents are already related to the child, there may be fewer hurdles to overcome in terms of custody and parental rights depending on the circumstances. Additionally, some states offer financial assistance and resources specifically for kinship adoptions, helping to alleviate potential economic burdens. Emotional Stability and Well-Being Children in kinship adoptions generally benefit from greater emotional stability. They may be less likely to feel abandoned or rejected since they remain within their family unit. This stability is essential for their emotional well-being and may lead to better outcomes in terms of mental health, academic performance, and social relationships. Conclusion Kinship adoption is a compassionate choice that can enrich the lives of everyone involved. It offers a way to keep families together, preserve important bonds, and provide children with the love and security they deserve. As an adoption attorney, I am committed to supporting families through this process, ensuring that the best interests of the child are always at the forefront. If you are considering kinship adoption, we encourage you to explore this rewarding path and discover how it might benefit your family and your loved ones. Learn more about kinship adoption now.

Discover why surprising your stepparent with adoption paperwork isn't feasible, but learn how to approach this heartfelt gesture in a meaningful way. Explore the emotional and legal aspects of stepparent adoption today.