The Promise and Perils of Population Research on Same-Sex Families

The legally charged issue of cross-border surrogacy: Current regulatory challenges and future prospects

The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. The recent proposal of making surrogacy a "universal crime", meant to prevent cross-border surrogacy, i.e. travels by citizens from countries where it is illegal to countries where it is legal, has also been weighed, by exploring the current legislative state of affairs, trends and future horizons. Recent case-law has been analyzed and interpreted, with a close focus on Italian Supreme Court ruling n. 38162, issued on 30th December 2022 and European Court of Human Rights (ECtHR) rulings issued over the past decade. Uncertainty and ill-defined norms and court rulings risk harming the rights of children, surrogate mothers and intended parents. So far, court decisions have somehow filled the legal vacuum, considering that cross-border surrogacy is not specifically regulated in many countries and the status of children born abroad is still controversial. The views and judgments of supranational courts on the issue need to be accounted for when drafting new specific legislation. It is of utmost importance to uphold the rights of children born through surrogacy abroad, whose best interests risk being damaged. Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The "universal crime" draft bills appear to be difficult to enforce and too vague to be credible at the moment.

Mothers' Sexual Identity and Children's Health

Sexual minority women face a plethora of structural, socioeconomic, and interpersonal disadvantages and stressors. Research has established negative associations between women's sexual minority identities and both their own health and their infants' birth outcomes. Yet a separate body of scholarship has documented similarities in the development and well-being of children living with same-sex couples relative to those living with similarly situated different-sex couples. This study sought to reconcile these literatures by examining the association between maternal sexual identity and child health at ages 5-18 using a US sample from the full population of children of sexual minority women, including those who identify as mostly heterosexual, bisexual, or lesbian, regardless of partner sex or gender. Analyses using data from the National Longitudinal Study of Adolescent to Adult Health (N=8,978) followed women longitudinally and examined several measures of their children's health, including general health and specific developmental and physical health conditions. Analyses found that children of mostly heterosexual and bisexual women experienced health disadvantages relative to children of heterosexual women, whereas the few children of lesbian women in our sample evidenced a mixture of advantages and disadvantages. These findings underscore that to understand sexual orientation disparities and the intergenerational transmission of health, it is important to incorporate broad measurement of sexual orientation that can capture variation in family forms and in sexual minority identities.

Differences in Perinatal Outcomes of Birthing People in Same-Sex and Different-Sex Marriages

It is unknown whether people in same-sex relationships who give birth have different perinatal outcomes than people in different-sex relationships, despite differences in risk factors such as use of assisted reproductive technologies, obesity, smoking, and poor mental health. Marriage equality has established birth certificates as a promising new source of population-based data on births to same-sex married parents. We used birth certificate data from Massachusetts for 201,873 singletons born to married parents from 2012 to 2016. We estimated the associations of several birth outcomes with having a birth parent in a same-sex marriage using propensity score-matched and -unmatched samples. We also tested whether these associations were modified by the use of assisted reproductive technologies. People in same-sex marriages who gave birth had perinatal outcomes related to decreased fetal growth and preterm birth that were similar to those of their peers in different-sex marriages. Use of assisted reproductive technology was associated with decreased fetal growth and increased risk of preterm birth for infants with different-sex parents but not for infants with same-sex parents. More research is needed across other states and to understand why use of assisted reproductive technology is not a risk factor for poor birth outcomes for those in same-sex marriages.

Two Decades of Same-Sex Marriage in Sweden: A Demographic Account of Developments in Marriage, Childbearing, and Divorce

In this study, we provide demographic insight into the still relatively new family form of same-sex marriage. We focus on period trends in same-sex marriage formation and divorce during 1995–2012 in Sweden and the role of childbearing in same-sex unions. The period begins with the introduction of registered partnership for same-sex couples and also covers the introduction of formal same-sex marriage in 2009. We use register data for the complete population of Sweden to contrast patterns in male and female same-sex marriage formation and divorce. We show that female same-sex union formation increased rapidly over the period, while trends for male same-sex unions increased less. The introduction of same-sex marriage legislation in 2009 appears to have had little effect on the pace of formation of same-sex unions. In contrast, legal changes supporting parental rights in same-sex unions may have fueled the formation of female same-sex marriages as well as parenthood in such unions. Further, we show that divorce risks in the marital unions of two women are much higher than in other types of marriages. We find some convergence of divorce risks across union types at the end of our study period: male same-sex unions have the same divorce risk levels as opposite-sex marriages, and the elevated risks of divorce in female same-sex unions appear to have stabilized at somewhat lower levels than those observed in the late 1990s.

Private Health Insurance Coverage Among Same-Sex Couples After Obergefell v. Hodges

Purpose: We aimed to characterize couple-level private insurance coverage among same-sex and different-sex couples before and after the Obergefell v. Hodges (OvH) decision legalizing same-sex marriage in the United States. Methods: National Health Interview Survey data were obtained for 2012-2014 (pre-OvH) and 2016-2018 (post-OvH). Coresiding couples with both partners aged 27-64 years and at least one having private insurance were included. Couple-level coverage was private for both; private for one, other coverage for another; and private for one, none for another. Secondary analysis examined whether either partner was covered by the policy of a family member in the household (partner/spouse coverage). Results: The analysis included 69,251 couples. Ninety percent had private coverage for both partners; 5% had one partner with other coverage; and 5% had one partner uninsured. The share of same-sex couples with both partners having private coverage increased from 79% to 88% after OvH (p = 0.003), whereas it remained at 90% among different-sex couples. In multivariable analysis, this increase was explained by the increase in legal marriage post-OvH. Among unmarried same-sex couples where both partners had private coverage, the odds of one partner being covered by another's policy decreased by 61% after OvH (95% confidence interval: 35%-76%). Conclusion: OvH was associated with greater access to private insurance for same-sex couples and lower risk that one partner would have private insurance while another would be uninsured. Yet, partners in unmarried same-sex couples became less likely to share the same private policy.

Sexual- and Gender-Minority Families: A 2010 to 2020 Decade in Review

OBJECTIVE

To review research on sexual and gender minority (SGM) families-including lesbian, gay, bisexual, transgender, queer, asexual, and intersex (LGBTQAI+) families- from 2010-2020.

BACKGROUND

Research on the SGM population has increased and diversified in the past decade.

RESULTS

This paper reviews three subareas that make up the majority of research on SGM families today: (1) SGM family of origin relationships, (2) SGM intimate relationships, and (3) SGM-parent families. This review also highlights three main gaps in the existing literature: (1) a focus on same-sex and gay and lesbian families (and to a lesser extent bisexual and transgender families) and a lack of attention to the families of single SGM people as well as intersex, asexual, queer, polyamorous, and other SGM families; (2) an emphasis on white, socioeconomically advantaged SGM people and a failure to account for the significant racial-ethnic and socioeconomic diversity in the SGM population; and (3) a lack of integration of SGM experiences across the life course, from childhood to old age.

CONCLUSION

The next decade should aim to examine the full range of SGM family ties, include more vigorous examinations of race-ethnicity and socioeconomic status, and develop more robust accounts of family across the life course with novel theory and data sources across the methodological spectrum.