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Transgender Family

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amartinez

New member
I was born and live in California. I am a transgender female (male to female) and have had all my legal document changed with my new name and gender although I have not undergone Sexual Reassignment Surgery. My cisgender husband (born male and identifies as male) I are planning on having kids. The plan is that we use my sperm and his sister (my sister-in-law) will birth the child for us. Is it possible to not have her name on absolutely any of the legal paper work and have pretend to use my name so that it would only be my husband and I on all the legal documents?
 


stealth2

Under the Radar Member
I assume it would be handled as any surrogate pregnancy would be. I don't know, personally, how that works wrt names on the documents, but it should be easily found via a lawyer (and I *would* use a lawyer to avoid potential issues). Best of luck.
 

xylene

Senior Member
You need an expert lawyer to draft the surrogacy documents.

It doesn't matter if you've never has SRS.

Don't pretend anything. You are legally and rightly a family. Surrogacy is always complex. A lawyer is alway a must. Arguably more it is more complex since you intend to use a close family member who will be an ongoing part of your life. That's something to think about very closely.
 

Taxing Matters

Overtaxed Member
I was born and live in California. I am a transgender female (male to female) and have had all my legal document changed with my new name and gender although I have not undergone Sexual Reassignment Surgery. My cisgender husband (born male and identifies as male) I are planning on having kids. The plan is that we use my sperm and his sister (my sister-in-law) will birth the child for us. Is it possible to not have her name on absolutely any of the legal paper work and have pretend to use my name so that it would only be my husband and I on all the legal documents?

You'll need a court order for the surrogate birth listing you and your spouse as the parents of the child. If you want only you and your spouse's name on the birth certificate, that is possible but you must ensure that provision is expressly stated in the court order. It may be impossible to keep the surrogate's personal information off ALL the legal documents (court filings and orders, etc). Indeed, it appears that the gestational parent's address (though not necessarily the name) must always appear on the birth certificate. But done correctly you can ensure that the birth certificate only shows you and your spouse as parents, which is probably the most significant thing as that is the document that you and the child will need to use for a whole lot of things during the child's life and thus that is what most will refer to when looking for the parents of the child. There is a handy chart that explains how the birth certificate is done in different surrogate situations that you may find helpful. I agree that finding a family law attorney to assist with this would be really helpful in achieving what you want. There are firms in California that concentrate their practices on surrogate situations and one of those firms might be a great choice as they have likely traveled this path a number of times before. Best of luck to you in growing your family.
 
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