Surrogacy law is complex and varies by state
. But don’t let that get in your way of becoming a parent. It’s vital that you consult with a lawyer who specializes in surrogacy for gay couples or gay parenting issues.
How is surrogacy different for same sex intended parents?
Although surrogacy for heterosexual intended parents and same-sex intended parents is largely similar, there are a few factors that separate gay surrogacy from surrogacy for straight singles and couples.
It's important to understand your rights as parents, and what the surrogacy laws are in your state or country, and in the state in which your surrogate mother resides.
Common legal procedures for gay parenting
Pre-Birth Order (PBO): A court proceeding that establishes parental rights prior to the birth of the child. PBOs are only available in certain states. In other states, it may be possible to obtain a post-birth order.
Voluntary Acknowledgement of Paternity: Allows a birth mother to designate a father, sometimes without the need for a court proceeding.
Custody Order: Grants custody of a child to the intended parent(s).
Second-Parent Adoption: Permanently establishes the non-biological parent’s rights to the child. It’s advisable to obtain a second-parent adoption. Even when it is possible to obtain a pre-birth order or a post-birth order, parents should know that not all states recognize parentage conferred in this way. By contrast, adoptions are recognized nationwide.Wills and Estate Planning:
Ensures that guardianship of the child is provided for in the event of the death of one or both parents. When a gay couple lives in a state or country where same-sex marriage isn’t legal, it becomes even more important to establish these documents.
Legally match with a surrogate who's right for you.
Our Matching Team works diligently to match intended parents and surrogates based on 3 criteria, the first of which is legal fit.
Ensuring that your surrogate lives in a state in which you'll be able to safely and securely establish your parental rights is crucial for a successful journey.
Circle Surrogacy has almost 25 years of matching gay intended parents and surrogate mothers successfully!