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My partner of 7 years and I are trying to start a family via

Resolved Question:

My partner of 7 years and I are trying to start a family via ivf and surrogacy in South Dakota. We have no idea where to start. Can you offer any help in the matter? It is a very emotional and seemingly hopeless process.
XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Legal
Expert:  LawHelpNow replied 1 year ago.

LawHelpNow :

Hello,

LawHelpNow :

Can you please tell me:

LawHelpNow :

(1) Are you a same sex couple?

LawHelpNow :

(2) Have you consulted legal counsel?

LawHelpNow :

(3) How does Minnesota figure into the equation?

LawHelpNow :

Thanks!

LawHelpNow :

Ben, J.D.

Expert:  LawHelpNow replied 1 year ago.
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Customer: replied 1 year ago.

Hello,


Yes, we are a same-sex couple. We live just on the MN border, so if SD is impossible to deal with legally, we are open to the option of working with a lawyer/clinic in Minnesota. We haven't spoken with anyone in person. We have left messages stating our intent. The only answers that we've received back are, "we don't do adoption/ivf stuff."


 

Expert:  LawHelpNow replied 1 year ago.

Hello again Michael,

My name isXXXXX'm a licensed attorney. Glad to try and help out.

Sure sorry for your circumstances, truly. My heart goes out to you.

I have solid family law experience and a special interest and passion for LGBT legal issues. Accordingly, I offer you (and please relay to your partner) my very best wishes for a joyous and happy family life!

I'm a native Nebraskan myself, and our region (including South Dakota and Minnesota) are far from being particularly "friendly" in such cases (with the notable exception of Iowa). In fact, Nebraska (and other jurisdictions) are downright hostile to folks in your shoes. All hope is not lost, however, not at all. In fact, South Dakota has no explicit statutory prohibitions (adoption, donor insemination, surrogacy, etc.) on LGBT couples wishing to accomplish your objective. That's very good news! Now, the trick is finding competent legal representation and resources to turn the substantive law into a reality for you good folks. Toward that end, I would suggest contacting the following resource, which specifically handles parenting matters:

Lambda Legal Defense & Education Fund

Midwest Regional Office

11 E. Adams, Suite 1008

Chicago, IL 60603

(312)(NNN) NNN-NNNN/p>

Help Desk Online Form

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

 


I hope all works out for both of you.

Take care,

Ben, J.D.

Customer: replied 1 year ago.

Thank you. That's about how much we know. We are also quite close to Iowa. The problem, as we understand it, is that there must be a mother listed on a SD birth certificate and second parent adoptions are not legal in South Dakota. Are one of those roadblocks not the case in Iowa? Also, will Lambda Legal be able to help us in this matter in our part of he country?

Expert:  LawHelpNow replied 1 year ago.

Hi Michael,
Thanks for writing back. Great to hear from you!
The issue of "second parents" is indeed highly relevant. I would respectfully XXXXX XXXXX a bit with what you've been told. All we can say, at this juncture, is the following. South Dakota law: (1) allows single GLBT adoption; (2) is silent (not prohibitive) on the topic of joint adoption; and (3) is silent (not prohibitive) as well when it comes to second parent adoption. That's why, in all candor, the starting point is to retain competent family law counsel in the event you encounter a challenge. In other words, in the absence of clear legislative guidance, we're stuck with anticipating challenges at the executive, administrative, and/or judicial branches or levels of government. I would say Iowa law is basically the same boat. Minnesota law is pretty much the same, as well, although a bit "friendlier" environment (yet still essentially silent) when it comes to second parent cases. I've seen folks, both in my professional practice and personal friends, expend tremendous energy and frustration in "forum shopping" (trying to find "the" ideal venue), which is why I really would make a targeted search and start with a good lawyer.
And yes, I can say that Lambda Legal operations do cover your neck of the woods (through the regional office I provided to you, one of five if memory serves me). I can say so from personal experience, but to nail down actual names you would have to submit a referral request.

Kind regards,

Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 13 other Legal Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
Hello Michael,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.

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