LGBT Parents

The United States is the only global destination that allows commercial surrogacy for same-sex couples. Laws in “surrogacy friendly” states support surrogacy contracts and name the signers as the legal parents. (Note that other US states explicitly ban surrogacy contracts.)

LGBT parents face special challenges and obstacles in the surrogacy process.   It is important for LGBT parents to match with a surrogate who is supportive of working with a same sex couple.   It is also imperative that the surrogate’s husband or partner is supportive of working with a same sex couple.

It is also important for LGBT intended parents to work with a surrogate in a LGBT friendly surrogacy state, where the intended parents’ names can either go directly on the birth certificate or a second-parent adoption is possible.

These roles may be provided for gay men by their female relatives or friends.  Alternatively, some fertility clinics, agencies and attorneys facilitate connections with surrogates and egg donors. The services that we offer include:

Options for family building:

Gay couples who want to have children will need an egg donor, who provides the eggs, as well as a surrogate, who will carry the pregnancy. The egg donor and surrogate can be two different women (uses gestational surrogate), or one in the same (known as a traditional surrogate). Note that some states, however, mandate that the donor and surrogate must be two different women.

These roles may be provided for gay men by their female relatives or friends.  Alternatively, some fertility clinics, agencies and attorneys facilitate connections with surrogates and egg donors. The services that we offer include:

In this case the surrogate is artificially inseminated with the intended biological father’s sperm.
Using this scenario, two women are involved. IVF (in vitro fertilization) is used to control the ovulatory process, removing eggs from the donor’s ovaries and letting sperm fertilize them in a fluid medium (in vitro). Egg donation gives same-sex male couples, single men, or women who have had issues with the quality of their eggs, the ability to conceive a child. The resulting embryos are then transferred to the surrogate’s uterus with the intent to establish a successful pregnancy.
At SCSC, our legal team ensures that your parental rights are affirmed and safeguarded. Whether you obtain a second-parent adoption, judgment of paternity/maternity, or custody orders, we are here to guide you and find solutions that protect your family. In addition to our years of experience working with same-sex couples, we continue to monitor legal and procedural developments around the world that affect all of our LGBT intended parents pursuing surrogacy.

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