LGBT Surrogacy : Surrogacy for Same-Sex Couples

Same-sex couples have several options to consider when thinking about growing their families, including adoption, foster care, and surrogacy. But only surrogacy gives them the opportunity to have a genetic connection with their children.

Although LGBT people go through much the same surrogacy process as other intended parents, there are many unique aspects that you need to understand before getting started. In this article, we will discuss how LGBT surrogacy works and some important things you need to know when looking for a baby through surrogacy.

Surrogacy in a Nutshell

Surrogacy is a process in which a woman (known as a surrogate) agrees to become pregnant and carry a baby for another couple or individual who is unable to do so on her own. There are two types of surrogacy: (i) traditional surrogacy and (ii) gestational surrogacy.

In traditional surrogacy, the carrier of the pregnancy is also the biological mother of the child. Because of this, the surrogate often becomes attached to the baby and may want to keep the child for himself, resulting in a legal battle.

However, in gestational surrogacy, the eggs used to create the embryos come from either the intended mother or an egg donor. Therefore, the surrogate mother is not biologically related to the child she carries in her womb.

Today, gestational surrogacy is the most preferred form of surrogacy, as it is less complicated legally and emotionally for the parties involved.

LGBT Surrogacy Process

The surrogacy process can seem daunting for both sexes, singles, and transgender people who want to have children. So, it is best to work with an agency to easily navigate the process and bring a new baby into your family.

Here are the steps you can expect to take during your surrogacy journey as an LGBT parent:

Your surrogacy process begins with a one-on-one consultation with a fertility expert. During this consultation, she will ask some personal questions to make sure you are emotionally and financially ready for the surrogacy journey.

The doctor will also explain the entire process, provide a quote of potential costs, and advise you on the best financing options to consider (if needed).

• Finding your egg donor or sperm provider

If you are a gay man, you start looking for one egg donor. Similarly, lesbian partners will also need to find a sperm donor to use to create a baby. You can find an egg donor/sperm donor through an agency or ask someone you know to donate for you. Another option you can consider is using frozen eggs or frozen sperm from an egg bank or sperm bank, respectively.

If you are a gay male couple, your chosen egg donor must undergo a rigorous screening process to ensure that he does not have any medical or genetic diseases that can be transferred to the child. This includes a blood test, physical examination, and pelvic ultrasound. After that, your donor will undergo an egg retrieval cycle to collect her eggs.

Same-sex female partners will also have to decide which of them will donate the eggs. The chosen partner will also undergo the same screening process to ensure that he is healthy and that his eggs can result in pregnancy.

• Egg Fertilization and Embryo Culture

Once the eggs are collected or thawed (if you are using frozen donor eggs), they will “mix” with sperm to form embryos. The fertilized eggs (now called embryos) are cultured in the IVF lab for about 3 to 5 days and frozen before they are transferred. At this stage, you can have genetic testing on the embryos to check for chromosomal abnormalities or to determine their gender (if you want).

The next step is to find a gestational surrogate to carry your baby to term. You can search for a surrogate yourself (through advertisements or personal networking) or work with a surrogacy agency to find a suitable match. The surrogate must also complete a thorough medical and medical examination to ensure that she is physically, mentally, and medically fit to embark on a surrogacy journey.

• Completion of Surrogacy Contract

Once you find your ideal surrogate, you will need to sign a legal contract with the gestational carrier. This contract will outline the duties and obligations of each party during the surrogacy arrangement. It is recommended that you and your surrogate have separate legal representation to ensure that your rights are fully protected during the surrogacy journey.

• Preparation for embryo transfer

Before the embryo is transferred, your surrogate will be asked to take medications to prepare her womb for pregnancy. The fertility clinic will schedule a date for the embryo transfer. The physician will thaw the frozen embryos and deposit them into the womb of the surrogate mother using a small flexible tool known as a catheter.

• Pregnancy and childbirth monitoring

Two weeks after the transfer, your surrogate will do a blood test to determine if she is pregnant. If the result is positive, she will have an ultrasound a few weeks later to check the baby’s heartbeat. Your fertility clinic will monitor the gestational carrier to ensure she is in good physical and mental health during pregnancy.

A surrogacy attorney at the clinic can help you obtain a pre-birth or post-birth order to establish the baby’s parentage. When the surrogate gives birth, she gives you the child, and you go home with your new bundle of joy.

The Value of LGBTQ surrogacy

Gestational surrogacy can be expensive. As a same-sex parent, you can expect your surrogacy in the United States to cost between $110,000 and $170,000. The actual cost depends on several factors, including the state of the surrogate mother, the number of IVF cycles required, the type of donor egg used, and the surrogacy agency you choose to work with.

The high cost of surrogacy may be out of reach for many LGBTQ people who want to have children. Fortunately, there are several financing options that can allow you to pay for your surrogacy journey. Same-sex couples can also lower surrogacy costs by using frozen donor eggs or completing altruistic surrogacy. In this case, the surrogate is not paid for his services, which reduces the financial burden on the prospective parents.

Surrogacy Laws for Same-Sex Couples

In most US states, the same laws apply to same-sex parents and heterosexual couples seeking children through surrogacy. However, regulations regarding LGBTQ surrogacy are friendlier in some states than others. American states with the most favorable surrogacy laws for same-sex couples include California, New Hampshire, Connecticut, District of Columbia, Washington, Maine, Delaware, Nevada, New Jersey, Oklahoma, Vermont, Rhode Island, Virginia, and Texas.

Same-sex parents may have to jump through more hoops than heterosexual couples to be declared their child’s legal parents and have their names written on the baby’s birth certificate. This can be achieved through a pre-birth order, an adoption, a step-parent, or a second-parent adoption.

Navigating the legal aspects of same-sex surrogacy can be daunting. So, it’s best to work with an experienced surrogacy professional to make sure you fully understand the surrogacy laws in your state before beginning the process.

Other Considerations for LGBTQ+ Parents