Surrogacy Options for Gay Couples

Surrogacy has been a family building option for decades, and gay couples who, due to the nature of their relationship cannot conceive naturally, will sometimes opt for surrogacy in order to build their families. In order to have the best chance for a safe and healthy pregnancy, surrogates, also known as gestational carriers, are typically matched through agencies, or the couple could rely on an existing relationship.

For gay couples, surrogacy services are legal, so without further ado, let us discuss how this opportunity is providing gay couples with the chance at becoming parents. We shall talk about what a gestational carrier does, different options for selecting one, as well as the legalities to consider before you begin the process. 

What Is Surrogacy?

Surrogacy is a family building option whereby an individual carries a pregnancy to term for another. If for some reason such as infertility, medical complications, or the type of relationship a couple or individual go through with natural pregnancy and birth, surrogacy is an available option.

What is a Gestational Carrier?

A gestational carrier is a surrogate. The former is simply medical lingo. In terms of family building, a gestational carrier carries a pregnancy and gives birth on behalf of a parent - or parents in the case of a couple. There are three main ways in which a gestational carrier can become pregnant. The first is through sexual intercourse, the second is through intrauterine insemination (IUI), and the third is through in vitro fertilization (IVF). As a result, the child can be related biologically either to the surrogate, or one of the potential parents, or both the potential parent and the surrogate. 

Usually, the gestational carrier uses their eggs, but occasionally, an egg from a third party donor can be used. As well, an embryo from a third party donor is an option. However the sperm in the case of a same-sex male couple is provided by either one or both partners. In the event that there are medical concerns such as infertility or genetic disease that keep either one or both partners from donating their sperm, then third party donor sperm can be used. 

How to Choose a Surrogate

So now comes the question, how does a couple or individual choose a surrogate? Well, as earlier stated, surrogates can be a person who is known to the potential parents, or they could be chosen from an agency. However, there is a process that a surrogate must go through before the pregnancy can even begin. The medical reasoning is that the surrogate must be medically and psychologically fit for the task. Therefore physical and psychological tests will be conducted to ensure that they are well suited for surrogacy. The guidelines below are the recommendations for surrogacy by the American Society for Reproductive Medicine. A gestational carrier:

• Has to be between 21 and 42 years old
• Has to have a body mass index (BMI) that is under 30
• Should not be a smoker, and should have no history of illicit substance use
• Should be financially independent and stable
• Should not have a history of mental health illness
• Should not have any hereditary physical conditions
• Has to have carried at least one pregnancy to term successfully - but not more than five pregnancies
• Has to have no more than one C-section
• Musts live in a state with surrogate-friendly laws

Due to the fact that these guidelines are rather strict, third-party surrogacy agencies become the preferred option for many couples. 

Legal Considerations for Gay Surrogacy

To begin with, the value of legal counsel cannot be overstated as it is crucial in navigating the surrogacy process as well as avoiding complications that could come up once the medical procedures have begun. Through legal counsel, individuals and couples can establish their parental rights to the unborn child, and release the gestational carrier from bearing any costs revolving around the pregnancy. 

Having said that, it is important to note that in most states, surrogacy is legal. Nebraska and Louisiana, have laws that prohibit surrogates from being compensated for their services. It is the practice to compensate surrogates for their role, therefore it is advisable for gay couples who reside in these states to be aware that it may be simpler to navigate their surrogacy family building plans in other states. 

The parameters of surrogacy must be established before the surrogacy process can begin. A Gestational Surrogacy Agreement  is a document that establishes the nature of relationship, as well as the responsibilities of both the surrogate and intended parents. Additionally, some States provide for a Pre-birth Order which ensures that both parents’ names are written on the birth certificate. Without this, either one or both parents will have to go through an adoption process of their child in order to have full parental rights.

If you would like to know more about surrogacy, or any other options for family-building, contact Los Angeles Reproductive Center at any of our locations across the country. Our team of professionals is available and willing to assist you navigate your parenting journey.

Gay Surrogacy FAQs

Is Gay Surrogacy Legal in Every State?

Surrogacy is legal in every State in America. In Nebraska and Louisiana however, gestational carriers are not permitted any compensation for their service. 

Can Two Sperm Samples Be Mixed?

For various reasons, sperm samples are never mixed. What can be done when dealing with two sperm samples is to fertilize some eggs with one sample, and another group of eggs with another sample. However, prudence calls for the use of just one sample, therefore a sam-sex male couple should decide ahead of time which partner’s sperm will be used.  

How Much Does Surrogacy Cost?

The typical cost of surrogacy ranges between $30,000 to upward of $100,000. It is important to contact your health insurance provider to find out what aspects of family building your plan covers. There are insurance plans that cover some costs and others that will cover all the expenses.