Surrogacy Options for Gay Couples

For couples who cannot conceive naturally, surrogacy is a great option. Surrogates, which is the common name for gestational carriers, are typically matched through agencies, or existing relationships, to prospective parents in order to provide the best chance for a safe and healthy pregnancy.

There are no laws in the US that prohibit surrogacy services for gay couples. In fact, there are states that have more progressive laws and views than others for LGBTQ+ parenting. Let us explore the surrogacy options offering gay couples a chance to become parents, and highlight the processes, legal matters, and support systems that exist.

What Is Surrogacy?

Surrogacy is the process of a person carrying a pregnancy to term on behalf of a couple or another individual, where traditional pregnancy and birth is not viable for the potential parent.

Surrogacy is often necessitated due to infertility or other medical complications, or when traditional pregnancy is simply not possible, such as with same-sex couples, or with individuals, who want to raise a child on their own.

What is a Gestational Carrier?

A gestational carrier is more commonly known as a surrogate. This is the person who carries the pregnancy to term on behalf of the parent or couple. The method of surrogacy chosen could allow for a child to be biologically related either to the surrogate or one of the intended parents, or both.

A surrogate can become pregnant through sexual intercourse, intrauterine insemination (IUI), or in vitro fertilization (IVF). IUI and IVF are common options that gay couples use for surrogacy. These treatments use either an egg from the surrogate, a donated egg, or an embryo from a third party. Sperm can be provided by one or both partners. 

Third-party sperm donors are an option if there are concerns about infertility or hereditary disease preventing either partner from providing a viable sperm sample.

How to Choose a Surrogate

Prospective parents use different avenues to select a surrogate. Some choose a friend or family member, and others choose to use a third-party service provider to find a viable surrogate. 

Once a surrogate is identified, there are conditions that must first be fulfilled in order to ensure the successful pregnancy of a surrogate. Several physical and psychological tests are administered to determine an individual’s suitability to serve as a surrogate. The American Society for Reproductive Medicine has the following list of recommendations for surrogacy. Ideally, strong candidates should meet the following criteria:

• Be aged between 21 and 42
• Have a body mass index (BMI) that is under 30
• Be a non-smokers, with no history of illicit substance use
• Be financially independent and stable
• Have no history of mental health illness
• Have no hereditary physical conditions
• Have a history of at least one, successful pregnancy, but no more than five
• Have had less than two C-sections
• Live in a state that has surrogate-friendly laws

With these stringent guidelines in place for healthy surrogacy, many prospective parents choose to use a professional third-party agency to help them find a suitable surrogate. 

Legal Considerations for Gay Surrogacy

Surrogacy is generally legal in most states, except Nebraska and Louisiana, where surrogacy itself is legal, but surrogacy that is compensated for is not. A majority of surrogacy agencies and service providers compensate surrogates for their role in the process, so gay couples residing in these states may find the process easier to navigate outside their home state.

Once a suitable surrogate is identified, it is important to establish the parameters of surrogacy even before the process begins with the help of legal counsel. This helps in mitigating complications that may arise once medical procedures have already begun.

A Gestational Surrogacy Agreement  outlines the nature of the relationship between the surrogate and intended parents. It also establishes parental rights for the intended parents, and releases the surrogate from costs associated with the pregnancy. 

In some states, gay parents can sign a pre-birth order with their gestational surrogate, allowing both parents’ names to appear on the birth certificate, otherwise, one or both parents may have to adopt the child to have full parental rights.

If you are interested in surrogacy and connecting with the right surrogate, contact your healthcare provider about the first steps to take. Additionally, if you want to learn about more family-building options, visit Nevada Center For Reproductive Medicine.

Gay Surrogacy FAQs

Is Gay Surrogacy Legal in Every State?

Surrogacy is legal in every US state, but it is illegal to compensate surrogates for their services in Nebraska and Louisiana. 

Can Two Sperm Samples Be Mixed?

No. Sperm samples are never mixed during IVF. Sperm from both partners can be used to fertilize several embryos, but  sometimes it is prudent to select just one partner to donate the sperm. 

How Much Does Surrogacy Cost?

Surrogacy costs vary widely between states and among providers, but they typically range from $30,000 to upward of $100,000 over the entire course of the surrogacy process. Some insurance plans cover some or all of these expenses, but contacting your provider to find out what is covered is best.