In a recent interview, family formation attorney and reproductive rights advocate Janene Oleaga shared insights on the evolving landscape of assisted reproduction and LGBTI+ parenthood rights.
Regarding how legal reforms have advanced access to reproductive technologies for LGBTI+ individuals, Oleaga mentions that inclusive legislation has enabled access to healthcare including fertility treatments and gender-affirming care while securing legal relationships to children. She highlights fertility insurance mandates in states like Maine, New York, and Massachusetts that require qualifying insurance providers to cover fertility treatments for all plan members regardless of gender identity or sexual orientation.
On the topic of barriers to reproductive healthcare and family formation services, Oleaga points to state borders and societal pressures as significant obstacles. She notes that some states are less inclined to make fertility treatment and assisted reproduction laws available to LGBTI+ individuals, and without federal legislation establishing universal access, these matters remain governed at the state level.
In explaining the complementary nature of grassroots community-led solutions to legal reforms, Oleaga emphasizes that individual stories serve as powerful tools for change. She believes that while lawyers and politicians can discuss policy extensively, personal narratives help humanize the need for further legal reform.
Addressing strategies that have helped overcome institutional resistance, Oleaga observes that many people don’t engage with an issue until it directly affects someone they care about. She states that personal stories are “the most important tool we have to ensure legislation continues to evolve,” and affirms her commitment that “all means all” when it comes to access to care.
Discussing how these legal reforms connect to international equality efforts, Oleaga explains that state-level reforms have made certain parts of the United States ideal destinations for international individuals seeking egg donation and gestational surrogacy services. With surrogacy illegal throughout most of Europe, many LGBTI+ couples come to the United States to benefit from supportive state laws.
In her assessment of organized efforts to restrict reproductive technologies, Oleaga identifies the personhood movement as a significant threat to reproductive freedom for LGBTI+ individuals and women generally. She firmly states that “personhood and IVF cannot coexist.”
As for effective methods for building coalitions and mobilizing advocacy efforts, Oleaga offers straightforward advice: “Start. Start anywhere at any time. Start small. Start with your community. Share your story.” She believes this approach naturally attracts the right people to build effective teams for change.
As founder of Oleaga Law LLC with offices in New York and Portland, ME, Janene Oleaga continues to assist clients with assisted reproductive arrangements, confirmatory adoption, and securing LGBTQ+ parenthood rights in an increasingly complex legal landscape.
