LGBTQ+ intended parents and gestational surrogacy

LGBTQ+ families use gestational surrogacy through many different medical and family-building pathways. The legal plan should be based on the actual jurisdiction and family circumstances rather than a generic ranking of states.

Family-building pathways differ

Depending on the intended parents' reproductive goals and available gametes, a journey may involve donor eggs, donor sperm, embryos created from one or more intended parents, or previously created embryos. A fertility clinic should advise on the medical pathway for the specific family.

Same-sex male couples

Two-dad families commonly use donor eggs and a gestational carrier. One or both intended fathers may provide sperm, and embryo-creation decisions should be made with the fertility clinic. See the same-sex male couples guide.

Same-sex female couples

Some female couples may use reciprocal IVF or another assisted-reproduction pathway without a gestational carrier. A carrier may be considered when carrying a pregnancy is not possible or not advisable. The medical plan depends on the individuals involved and should not be generalized from family structure alone.

Transgender and non-binary intended parents

Reproductive options depend on each person's anatomy, fertility preservation history, available gametes and medical circumstances. A fertility specialist can explain options without assuming that gender identity determines reproductive capacity.

Parentage is jurisdiction-specific

Do not assume that being in a state commonly described as surrogacy-friendly automatically guarantees a particular pre-birth order, birth-certificate format or need—or lack of need—for an additional recognition proceeding. Marital status, genetic relationships, statutory requirements, court jurisdiction and other facts may affect the process.

Questions to ask reproductive counsel

  • Which jurisdiction can hear our parentage case?
  • Does marital status or genetic relationship affect the filing?
  • What parentage procedure is available in our case?
  • How will vital records handle the birth certificate?
  • Would an additional adoption or recognition order be advisable for interstate or international portability?

Same-sex male couples · Single parents · Surrogacy law by state