Is surrogacy for gay couples a reliable option? Surrogacy laws in USA

Yes, you heard it right gay couples can also build a happy family! While there are only a handful of options for same-sex couples to build a family, however, one of the most reliable and successful methods is surrogacy. The idea of surrogacy has flourished in gay couples and the LGBT community as well. By 2015, 1,25,000 same-sex couples were raising kids in Massachusetts. Whereas, 40,000 children were living with gay couples in California by 2013. Surrogacy for gay couples is gaining popularity, especially after the legalization of same-sex marriage.

Most gay couples get confused about whether to opt for traditional or gestational surrogacy. Traditional surrogacy begins with the surrogate mother providing her eggs for the IUI procedure. Further, she will be inseminated with the sperm of the intended father, and then she carries a child for the couple. The drawback here is, a surrogate mother has a genetic link with the child which can create complications during obtaining the child’s custody.

On the other hand, Gestational surrogacy involves using gamete materials of intended parents or donors via IVF procedure. The surrogate mother would only carry the child for the couple, she does not have any genetic link with the child and she is aware that she won’t have legal parental rights once she delivers the baby.

It is recommended to always opt for gestational surrogacy as it assures parental rights and genetic link to the intended parents. Although, it includes various legal considerations for which you must seek help from a surrogacy professional or agency like Surrogency to experience a hassle-free surrogacy journey.

Let us walk you through various aspects of surrogacy for gay couples

  • What are the conceiving options for gay intended parents?
  • How does surrogacy for gay couples work?
  • Can gay dads raise a child without a mother?
  • Common legal factors for gay parenthood
  • Same-sex surrogacy laws in the USA
  • Bottom Line

What are the conceiving options for gay intended parents?

As we discussed above, gay couples have very few options to conceive a healthy child. Surrogacy and adoption are the alternatives one can consider. The two methods have their perks and challenges, intended parents must first set their preferences and determine their needs to select the best-suited method.

The process and outcome of 2 methods are quite different, for instance, you may adopt a child from a mother who is willing to give away her child but there are few restrictions like you cannot be involved in the pregnancy procedure, and you won’t be able to experience the sight of the birth of the baby. Whereas in gay couple surrogacy you have a biological connection with the child, and you won’t have to share parenting with anyone else. Surrogacy for gay couples is common as it allows intended parents to be legal parents of their child.

Can a gay dad raise children without a mother?
This is the common question for every intended father who is considering surrogacy for gay couples. Yes, gay dads can raise kids by themselves as beautifully as any straight couple does. The couple may face a few challenges in the initial phase, for instance, breastfeeding the child. For this situation, gay couples can ask the surrogate mother when matched with each other whether she can provide her breast milk after the child is born and what would be her compensation for the same. If she agrees to breastfeed your child, ensure all these terms are included in your surrogacy contract. Otherwise, same-sex couples can raise kids as any other parent. And it is fair if the child does not have a mother. Initially, he or she may take time to be adaptive in this modern family setting, and be ready to educate him or her for the same.
How does surrogacy for gay couples work?
Surrogacy for gay couples is similar to any other surrogacy arrangement, though are a few considerations in the surrogacy procedure for same-sex couples.. Gay couples would need an egg donor and surrogate mother. While a lot of gay couples prefer a known egg donor but then you would have to undergo the screening and testing procedure by yourself. Meanwhile, a surrogacy agency looks for professional and experienced egg donors following a few steps by performing physical and mental screening and they look for a few additional criteria catered to IPs’ preferences.
Additional considerations
There are few changes and additional factors that every same-sex couple or individual considering surrogacy must be aware of. We have listed down a few factors.
Choose who provides gamete material
Unlike heterosexual couples, both intended gay fathers cannot give their sperm samples for the conceiving procedure. Straight couples can provide their gamete materials to create embryos. whereas in surrogacy for gay couples must decide who will have a biological connection with the child. At times, one partner then the other needs to have a genetic relationship with the baby. If the case, gay couples are considering conceiving multiple babies then both of them can be the biological parent of each by using 2 surrogate mothers for surrogacy.
Surrogacy procedure with egg sharing
If in case both the gay intended parents wish to have a biological connection with the child, they can prefer the egg-sharing method. Wherein, multiple eggs are produced from the same donor and it is combined with both sperm samples. Using each semen sample, allows both partners to become biological fathers of the baby.
Legal considerations
Surrogacy laws differ from country to country. There are a few regulations in the same-sex surrogacy journey under reproductive law for which you would need an experienced attorney to assist with drafting the correct surrogacy contract and to guide you with several legal documentation and legal procedures to obtain parental rights. Also, if you are considering undertaking international surrogacy then the legal process may get more tedious and time-consuming for which you will need constant legal assistance from a professional.
Common legal factors for gay parenthood
There are a few legal procedures that every gay intended parent has to undergo and before you initiate the process, you must be aware of the legal process, and terminologies to obtain your gay parenthood. We have listed below a few essential factors for your better understanding.
Gestational surrogacy Agreement
This agreement includes the relationship between the surrogate and intended parents including the roles and responsibilities, rights, and obligations of all the parties. This document provides legal protection to the intended parents and surrogate mother as well until the date of the child’s delivery. In surrogacy-friendly states like surrogacy laws in California, a surrogacy agreement is required before consuming injectable medications and performing embryo transfer procedures. Also, each party must have separate legal representatives or attorneys. The Gestational surrogacy agreement is vital as it protects the parental rights of the intended parents and surrogate as well while she carries the child for you so that she doesn’t have to bear medical costs concerning pregnancy alone.
Pre-birth order
A court proceeding wherein they establish parental rights before the birth of the child. Although not all states in the USA provide pre-birth orders in their court proceedings, to know which states allow this procedure you must seek guidance from your attorney. If your state does not permit you to apply for a pre-birth order then you will have to wait for your baby to arrive and then apply for a post-birth order proceeding.
Custody order
A term referred to when custody of a child is granted to the intended parents.
Voluntary acknowledgment of paternity
This process allows the birth mother i.e surrogate mother to designate the intended father at times without the need for court proceedings.
Second-parent Adoption
This procedure aids in establishing parental rights for non-biological parents permanently. It is advisable to obtain second-parent adoption even if the state provides pre-birth and or post-birth orders. Intended parents must understand that not all states recognize parentage. In addition, second-parent adoption is recognized across the United States.
Wills and Estate Planning
This ensures that the guardianship of the child is secured in the case of the death of one or both of the parents. If a gay couple lives in a state where same-sex marriage isn’t legalized, then these legal documents become even more essential.
Surrogate Match
Surrogacy ensures that you match with a surrogate who lives in a state wherein intended parents can experience a safe surrogacy journey and can secure their parental rights easily.
Same-sex surrogacy laws in the USA
The surrogacy laws in the United States differ from state to state and there are no federal laws that govern surrogacy for gay couples. State laws for surrogacy are either inclusive, non-existent, or prohibitive, some states are considered surrogacy-friendly and permit gay couples to commence a family whereas other states are not considered surrogacy friendly. The states that allow surrogacy for gay couples who have signed a surrogacy agreement would be considered legal parents once the baby is born. Let us explore the surrogacy-friendly states in the USA.
Surrogacy laws in California
Surrogacy laws in California is considered the most favorable for gay couple surrogacy journey. Whether you are partners, individuals, or married couples, intended parents can choose to be listed as mother, father, or parents on the child’s birth certificate.
Surrogacy laws in Connecticut
Intended parents in Connecticut are considered legal parents of the newborn baby irrespective of sexual orientation, or marital status.
Surrogacy laws in District of Columbia
The District of Columbia’s code confirms surrogacy agreements and pre-birth orders and this state is inclusive of gay intended parents.
Surrogacy laws in New Jersey
The gestational surrogacy agreement act in New Jersey allows post-birth orders to same-sex parents as well.
Surrogacy laws in Delaware
Delaware’s Uniform Parentage Act upholds surrogacy contract in court and ensures surrogacy arrangement is feasible for heterosexual and gay couples.
Surrogacy laws in Nevada
Nevada’s surrogacy laws are quite supportive to IPs allows pre-birth orders to all intended parents in gestational surrogacy regardless of sexual orientation and marital status.
Surrogacy laws in Oklahoma
Oklahoma state recently passed a law that legalizes surrogacy but needs “Preconception” orders before performing embryo transfer procedures. The assistance of a surrogacy agency or professionals like Surrgency can help you undergo the right process whether the surrogacy arrangement is for a heterosexual couple or a gay couple in Oklahoma.
Texas surrogacy laws
Texas surrogacy laws are favorable for gay couple surrogacy and contracts for married straight couples and same-sex intended parents. Both parents’ names are listed on the birth certificate right after the child is born and it is mentioned as parent and parent, and single individuals’ names can also be listed on the birth certificate.
Virginia surrogacy laws
The new law was introduced on 1 July 2019 in Virgina surrogacy laws now permits gay parents (single or couple) to sign a surrogacy agreement.
Surrogacy laws in Washington
As the Uniform Parentage Act was signed into Washington’s state law in 2019, the state’s surrogacy laws now allows both compensated and uncompensated surrogacy arrangement and protects the rights of gay couple surrogacy.
Surrogacy laws in Vermont
Vermont’s Parentage act permits intended parents of any sexual orientation or regardless of marital status to obtain parentage orders before the birth of a newborn baby. These are the list of the states that permits gay couple surrogacy and their basic regulations for the same. To obtain more legal information it is recommended to get in touch with an attorney.
Are you ready to commence your surrogacy arrangement?
Even gay couples can become parents through surrogacy and they can have a biological relationship with their newborn child. The modern family concept has enabled everyone to enjoy the perk of parenthood. Considering all the factors, you can now consider beginning your journey of fatherhood. If you are still confused about the surrogacy process with gay intended parents or the surrogacy laws for the same, visit our website or book our free consultation call!

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