Can LGBT Couples Pursue Surrogacy?

The process for gay surrogacy is very similar to any other surrogacy process. However, there are some differences for a surrogacy for gay couples.


Many same-sex couples are eager to expand their families. One option for members of the LGBT community is surrogacy, and as perceptions of family have become more inclusive, lesbian and gay surrogacy has become increasingly common.

While the surrogacy process is generally no different for same-sex couples and individuals than for any other intended parent, there are some unique considerations to take into account. Read on to learn more about the process, regulations, advantages and disadvantages of surrogacy for LGBT parents.

LGBT Surrogacy Process

Surrogacy is a popular option for gay men who want to be biologically connected to their children, as well as for lesbian couples who are unable to conceive or carry a pregnancy on their own. In LGBT surrogacy, pregnancy is most commonly achieved using an egg donor, gestational carrier and in vitro fertilization (IVF), and the surrogacy process is essentially the same as it would be for any other intended parent. However, there are some important decisions same-sex couples need to make before beginning the process:

Once intended parents have made these important decisions, they should be able to continue the surrogacy process as any other intended parents would.

Same-Sex Surrogacy Laws

Each state has laws regulating surrogacy, and some states do not allow or recognize surrogacy contracts at all. This can make the legal surrogacy process complicated for intended parents and especially for same-sex intended parents.

In some states, LGBT couples may have to go through an additional process to be legally recognized as the parents of their child and to obtain a birth certificate naming both parents. Depending on your state and your circumstances, this may be done through a pre-birth order, a full adoption, stepparent adoption or second-parent adoption to ensure both partners are legal parents of the child.

All prospective intended parents should work closely with an experienced surrogacy professional and attorney familiar with state surrogacy laws to navigate the legal process. Contact a surrogacy agency to discuss the laws in your state and discover your options for completing the surrogacy process, regardless of where you live.

Pros and Cons of Surrogacy for Gay Couples

Surrogacy is certainly an option for LGBT couples and individuals who are interested in adding to their families, but it is not for everyone. Prospective intended parents should consider all of the advantages and challenges of surrogacy to determine whether surrogacy is right for them.

Here are some of the most common benefits and challenges of surrogacy for gay couples:

PROS
CONS

Many of the above challenges and benefits apply to heterosexual couples and individuals as well as members of the LGBT community. Regardless of sexual orientation, it is important for every family to consider these surrogacy pros and cons, as well as their individual circumstances, when creating a surrogacy plan.

Additional Considerations for Same-Sex Couples

In many ways, intended parents’ marital status and sexual orientation does not have any impact on their surrogacy experience. However, there are some additional thoughts intended parents should keep in mind as they embark on their surrogacy journey.

Final Thoughts

Surrogacy is a wonderful option for same-sex parents who are ready to expand their families. This path to parenthood allows members of the LGBT community to fulfill their parenting dreams while maintaining a genetic link to their children.

The following resources provide additional information about gay surrogacy and same-sex parenting:

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