The Supreme Court's decision on Dobbs v Jackson, which overturned Roe v Wade and ended the constitutional right to abortion access in the U.S., could have some serious implications for the LGBTQ+ parenting community. And like many queer American parents right now, we have a lot of questions.
Like; will the ruling impact how gay people foster, adopt, or access IVF services? Will existing abortion bans also restrict or affect assisted reproduction? What does this mean for our marriages and the rights of our families?
On this episode of Gays With Kids the Podcast, lawyer and chief policy officer at Family Equality Denise Brogan-Kator breaks down what the Dobbs v Jackson ruling means for gay parents and parents-to-be, and what it could signal about future rulings.
"Dobbs didn't really talk about this directly, but without the protections of Roe, it is absolutely possible that state lawmakers could feel empowered to create barriers, and some might say that the existing abortion bans also restrict or affect assisted reproduction," Brogan-Kator says. "They haven't done that yet, but they could."
"In particular, you want to pay attention to state and areas that define 'Personhood,' and especially 'Personhood' as beginning at conception," she added.
On this episode of GWK the Podcast, host David Dodge and Brogan-Kator also discuss whether the end of Roe might signal the end of marriage equality, privacy in the bedroom, and whether unmarried gay parents should be concerned about their rights.
According to Brogan-Kator, it's highly unlikely that existing marriages would be undone. But co-parents and unmarried dads should always make sure they're legally secure.
"Those people who aren't married, we still have available to us... a right to a contract," Brogan-Kantor says. "And that means we can do things like power of attorney, and healthcare proxies, and wills that protect unmarried partners, we can adopt, foster.... Family Equality continues to say; everyone who is a parent in an LGBTQ relationship should get a confirmatory adoption."
Learn about the full impact of the end of Roe on queer families on this week's episode of GWK the Podcast, available below, on Apple Podcasts, Spotify, Stitchr, or wherever you get podcasts.
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