For many LGBTQ+ parents, navigating the legal landscape of parentage can be quite challenging. The journey often includes processes like confirmatory adoptions and pre-birth orders, which can be time-consuming and costly. Thankfully, Voluntary Acknowledgments of Parentage (VAPs) are making it easier for LGBTQ+ individuals to establish legal parentage in an increasing number of states.
What Are VAPs?
A Voluntary Acknowledgment of Parentage (VAP) is a legal document that parents sign to confirm their status as a child’s parents, willingly taking on the rights and responsibilities that come with parenthood. In some regions, VAPs may also be known as Acknowledgments or Affidavits of Parentage, or even Voluntary Declarations of Parentage (VDOPs).
Depending on the state, parents can sign a VAP either before or after a child’s birth. When both parents complete this document, the non-birthing parent can be added to the child’s birth certificate and is recognized as a legal parent.
Historically, VAPs were primarily available to different-sex couples. However, since 2017, several states have expanded their VAP laws to include same-sex couples, even those who utilize assisted reproduction methods to grow their families. This shift is pivotal for many LGBTQ+ parents seeking to establish legal parentage.
Key Benefits of VAPs
One of the most appealing aspects of VAPs is their simplicity. Generally, they do not require legal representation, making the process more accessible. Once signed, VAPs are legally recognized and enforceable similar to a court order. Additionally, these documents must be acknowledged across all states due to federal law, ensuring broader protection for LGBTQ+ families.
Parents can revoke a VAP within a specific timeframe—usually 60 days after signing—if they change their minds. After this period, legal grounds, such as fraud, would be necessary to contest the VAP.
If you are an LGBTQ+ parent who has completed a VAP, it’s wise to keep a copy handy, especially when traveling.
Which States Support VAPs for LGBTQ+ Parents?
As of now, eleven states allow LGBTQ+ parents to establish parentage through a VAP, with Michigan joining this list as the twelfth state in March 2025. The states that permit VAPs for LGBTQ+ families include:
- California
- Colorado
- Connecticut
- Maine
- Maryland
- Massachusetts
- Nevada
- New York
- Rhode Island
- Vermont
- Washington
- Michigan (as of March 2025)
VAPs and Assisted Reproduction
LGBTQ+ parents often wonder if they can sign a VAP after using assisted reproductive techniques. The good news is that all eleven states that permit VAPs allow signing after assisted reproduction. However, for parents utilizing surrogacy, the rules differ; only Massachusetts, Nevada, and Vermont specifically allow VAPs in such cases, and additional legal steps may be required.
State-Specific Information on VAPs
- California: In California, VAPs are referred to as Voluntary Declarations of Parentage (VDOP). Parents can sign this document in the hospital after birth, or it can be completed later by notarizing it and sending it to the local child support agency.
- Colorado: Parents can sign a VAP before or after the child’s birth, and must submit it to the Colorado Department of Health and Environment. The processing time is around 30 business days.
In summary, VAPs serve as a valuable tool for LGBTQ+ families looking to solidify their legal standing as parents. For more information on assisted reproductive methods, you can explore resources on home insemination at Make A Mom or learn how the process works through Make A Mom’s guide. If you are curious about specific medical guidelines, check out Modern Family Blog’s CDC guidelines for authoritative insights.
For further details on fertility options, WebMD’s slideshow provides an excellent overview of treatment choices. Keep in mind, as you navigate this journey, it’s also beneficial to read about the significance of eye health during conception at this blog post.