Introduction
Surrogacy is one of many options available to couples and individuals looking to build a family. People from a wide variety of circumstances consider and choose surrogacy and they do so for a variety of reasons.
Surrogacy is frequently turned to as a means of having a biological child by many gay men and couples in which one partner is transgender. Straight and lesbian couples struggling with infertility often consider surrogacy as an option as well.
Some of the most common factors that LGBT couples cite as reasons for choosing surrogacy are:
a. Financial Considerations
In some situations, surrogacy can be less expensive than the adoption process. This is generally true when a friend or family member is willing to act as a surrogate free of charge.
b. Adoption Laws
Some states prohibit LGBT individuals and/or same-sex couples from adopting. However, if one parent is biologically related to the child, that parent will not have to complete an adoption to obtain parental rights. For an overview of state adoption laws, see: Adoption Laws: State by State. The biological parent may also need to obtain a parentage order to remove the surrogate from the birth certificate. Necessary steps will vary from state-to-state. For an overview of state laws, see: Surrogacy Laws: State by State.
c. Adoption Practices
Some adoption agencies refuse to match same-sex couples with children, and some biological parents object to children being placed with LGBT people. This can cause long delays for same-sex couples seeking to adopt.
d. Biological Connection
Some couples are attracted to surrogacy as a method of family building because it typically offers the opportunity for at least one of the intended parents to have a biological relationship with the child.
Choosing the best method to build a family is a highly personal decision; however, individuals and couples should seek legal services as they are making this decision so that they can make well-informed choices and understand all of the options available to them. Both surrogacy and adoption laws vary widely throughout the country. In some states, surrogacy agreements of any kind are illegal. Also, the ability of a non-biological intended parent to secure parental rights varies from state to state. As a result, it is crucial that parents consult with an attorney to ensure that they are doing everything possible to protect their family and prevent future conflicts.
More Information:
- Overview of the Surrogacy Process
- Surrogacy Laws and Legal Considerations
- Surrogacy: What to Expect
- Share Your Story
Acknowledgements: This information was provided by Diane S. Hinson, Esq. and Linda C. ReVeal, Esq. of Creative Family Connections LLC.
Disclaimer: This document is provided for information purposes only and is not intended as legal advice. If you need legal advice regarding your specific situation, we strongly recommend that you consult a competent, licensed family law attorney who is familiar with these issues. It is also important that you understand that the information provided here in no way constitute, and should not be relied upon, as legal advice.
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Overview of the Surrogacy Process
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Surrogacy Laws and Legal Considerations
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