Surrogacy is an amazing gift given by generous women who want to help deserving individuals start families of their own. Surrogacy is a method of assisted reproduction that allows intended parents to have children who are biologically related to them.
Those who choose to grow their families via surrogacy are often unable to have biological children on their own. For example, same-sex couples, those suffering from infertility, and single-parents are some of the individuals who utilize surrogacy as their method of assisted reproduction.
Throughout the United States, the laws that govern surrogacy vary from state to state. These laws work to either restrict or encourage surrogacy as a way to grow one’s family. Surrogacy laws across the country affect how often and how successfully members of the LGBTQ community are able to complete the surrogacy process. Each state is different, keep reading for everything that you need to know about LGBTQ surrogacy by state.
Becoming the legal parent of your child born via surrogacy remains one of the biggest challenges that members of the LGBTQ community face during their surrogacy journey. There are many states that still place legal restrictions on same-sex parents when it comes to granting parental rights.
One of the biggest factors that contribute to this issue is the relative newness of the United State’s recognition of same-sex marriage as legal as well as surrogacy as a common practice. It will take time for the law to catch up to the changing times, but for now, it’s important to know what to expect regarding LGBTQ surrogacy and the law.
Unfortunately, the laws that apply to heterosexual couples and LGBTQ couples are very different. When heterosexual couples have children, both parents are biologically related to the children. Therefore, both parents are given parental rights immediately in most cases, regardless of their marital status.
Married same-sex couples who chose to start a family together via surrogacy are not given the same legal status. As only one parent can be biologically related to the child, in some cases the other parent is not granted any parental rights following the birth of the child.When this occurs the parent who is not biologically related to the child must go through with a “second” or step-parent adoption.
This is not always the case, as some states allow pre- or post-birth orders which grant parental rights without the need for adoption. There are no universal laws that address surrogacy for every state in the country. Each state has its own set of laws and regulations regarding surrogacy that dictate everything from pre-birth orders to which parent is allowed to put their names on their child’s birth certificate.
Good news! There are many more states that have laws that allow for LGBTQ surrogacy than there are states prohibiting it. Surrogacy-friendly states have minimal laws that restrict surrogacy. They vary from case-to-case. Overall, their clear-cut laws that have been backed by court decisions make them favorable locations to consider pursuing surrogacy. These states include:
While there have been some successful surrogacy cases in these states, that isn’t always the case. These states may have unclear laws regarding surrogacy including no laws mentioning surrogacy at all. In these states, there typically aren’t any court cases to back up future rulings in favor of intended parents when it comes to surrogacy. If you do choose to pursue surrogacy in one of these states, be prepared for a possible legal battle.
There are only three states that have banned compensated surrogacy or make it nearly impossible to acquire a birth certificate that names both parents. Do not pursue surrogacy in these states due to low rates of success, legal challenges, and illegality of the practice.
Finding the right agency is a part of the surrogacy process, it’s important to find an agency that will best represent you and help make your surrogacy journey a successful one. Same-sex couples and members of the LGBTQ community should ensure that the agency that they choose to work with is LGBTQ-friendly.
Unfortunately, same-sex couples still face discrimination in many areas, so choosing an agency that has a history of successfully working with the gay community is crucial. Here are some tips to make sure you are working with a non-discriminatory agency:
Same-sex couples and members of the LGBTQ community pursuing surrogacy should be sure to do the necessary research involved in choosing where to start their surrogacy journey. Understanding laws regarding paternity, choosing an LGBTQ-friendly agency, and knowledge of surrogacy practice in your chosen state are essential to surrogacy success.
Simple Surrogacy is happy to answer any questions or concerns that you may have as a member of the LGBTQ community. We strive to provide excellent service to all of our clients without discrimination. For more information regarding surrogacy and our agency, please visit our website here.
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