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Voluntary Acknowledgements of Parentage (VAPs): What LGBTQ+ Parents Need to Know

June 5, 2023
Voluntary Acknowledgements of Parentage (VAPs): What LGBTQ+ Parents Need to Know

Updated January 2025

As many LGBTQ+ parents know, establishing legal parentage can be a complicated process.

From confirmatory adoptions to pre-birth orders, the processes that LGBTQ+ parents must go through to establish parentage can be expensive and time-consuming and feel unfair. However, in a growing number of states, the path to parentage for LGBTQ+ people is becoming considerably simpler thanks to Voluntary Acknowledgments of Parentage (VAPs).

So, what are VAPs? Read on to learn more about this process for establishing parentage, and how it may impact your family.

Disclaimer: This information is not intended to be legal advice, but an overview of the current state of Voluntary Acknowledgments of Parentage (VAPs) as they relate to establishing legal parentage for LGBTQ+ parents. The law is changing quickly and dynamically and varies considerably from state to state, so it is important to consult an attorney in your state who has expertise in family law and has experience working with LGBTQ+ people and couples.

Voluntary Acknowledgements of Parentage (VAPs)

A Voluntary Acknowledgment of Parentage (VAP) is a form that parents sign acknowledging that they are a child’s parents and are willingly assuming the rights and responsibilities of parentage. In some states, a VAP is called an Acknowledgment or Affidavit of Parentage (AOP) or a Voluntary Declaration of Parentage (VDOP).

Parents may sign them before or after birth, depending on the state. When both parents sign a VAP, the non-birthing parent can be added to the child’s birth certificate and is a legally recognized parent. 

VAPs are not new (for different-sex couples)! In fact, all states must have a VAP process by which unmarried fathers can establish legal parentage. However, until 2017, VAPs were only available to different-sex couples. A growing number of states have amended their VAPs to make them available to same-sex couples, even when they use assisted reproduction to grow their families.* They’re an important tool for establishing legal parentage.  

The requirements for VAPs vary from state to state; however, in all states VAPs are a simple form that generally does not require families to hire or involve lawyers to complete the process. Once a VAP takes effect, it is the legal equivalent of a court order. Federal law requires VAPs to be recognized in all fifty states and in all jurisdictions. Parents may rescind a VAP for a specific period – typically 60 days following signature. Once this period has passed, parents must establish a legal basis, such as fraud, under which to challenge a VAP.

Family Equality urges parents who complete a VAP to request a copy and carry this information and the child’s birth certificate with them when traveling.

*This may not apply to couples who use surrogacy.

Which states allow LGBTQ+ parents to sign VAPs?

As of the date of this publication, only eleven states allow LGBTQ+ parents to establish parentage via a VAP, with Michigan becoming the twelfth state this March. The requirements for VAPs vary slightly from state to state, and it is important to understand and follow the specific requirements of your state. 

  1. California
  2. Colorado
  3. Connecticut
  4. Maine
  5. Maryland
  6. Massachusetts
  7. Nevada
  8. New York
  9. Rhode Island
  10. Vermont
  11. Washington
  12. Michigan (in March 2025)
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The benefits for LGBTQ+ parents

VAPs are usually free. They are also quickly enforceable because they go into effect either as soon as all parties sign the form, as soon as a parent gives birth, or as soon as the appropriate state agency files it. And, as stated above, parents can complete a VAP without having an attorney.

Many parents may wonder if they can sign a VAP after using assisted reproduction to conceive their child. The answer is yes! All eleven states that extend VAPs to LGBTQ+ parents allow parents using assisted reproduction to sign a VAP. VAPs are less helpful for parents using surrogacy: only Massachusetts, Nevada, and Vermont explicitly allow parents using surrogacy to sign a VAP, and even in those states other legal processes are necessary along with a VAP to establish legal parentage.

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State-specific information

Click on each state to learn more about the state’s specific details related to VAPs.

This information was prepared and distributed by Family Equality.

info@familyequality.org | www.familyequality.org

Family Equality exists to create a world where everyone can experience the unconditional love, safety, and belonging of family. Our mission is to ensure that everyone has the freedom to find, form, and sustain their families by advancing equality for the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community.

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