Surrogacy is a popular option for gay men who want a biological child. For example, gay celebrity couples like Neil Patrick Harris and David Burtka welcomed twins 7 years ago with the help of an egg donor and a surrogate. They’ve been open and honest about their journey and how they fertilized two separate eggs, one with David’s sperm and one with Neil’s sperm, to create their beautiful family.
A more recent example is British Olympic diver Tom Daley, who is now working with the BBC on a TV documentary that would highlight same-sex couples who choose to build their families through surrogacy. This is a personal story for Daley, who recently welcomed a son with husband Dustin Lance Black via surrogacy back in June.
These celebrity stories help to shine a bright light on the benefits of surrogacy for gay men. Through surrogacy, gay men are able to build families together that they wouldn’t otherwise be able to create. While the surrogacy process is no different for gay men than it is for any other couple, there are some unique considerations that should be taken into account.
Surrogacy Process for Gay Couples
- Decide who will be genetic father – Same-sex couples must decide whose sperm will be used during the surrogacy process. After all, the sperm donor will be genetically related to the child. This is a decision that both spouses should discuss prior to beginning the surrogacy process.
- Choose an egg donor – Gay couples must also choose an egg donor before beginning the surrogacy process. Some couples choose an anonymous egg donor, while other couples choose a donor that is a close relative. If the egg donor is a relative of the other partner, this gives both fathers a biological link to the child.
- Find your surrogacy partner – A surrogacy agency can help you find a surrogate to carry your child to term. These agencies will screen matches for you and help you choose the surrogate that is right for you.
- Choose an LGBT friendly legal professional – It is important for gay couples to work with a legal professional that has a history of helping gay men build families through surrogacy. A surrogacy lawyer can help you protect your parental rights throughout the surrogacy process to eliminate any pitfalls. Both the parents and the surrogate must be individually represented by Florida surrogacy attorneys so that the surrogacy contract protects all parties involved. A surrogacy contract should address multiple concerns, such as:
- Maximum number of attempts to achieve a pregnancy
- Surrogate’s diet and lifestyle (no smoking, drinking, drugs, etc)
- Pregnancy complications
- Multiple babies
- Fetal demise
- Premature delivery
- Chromosomal anomalies or other birth defects
- Complete the Medical Stage of Surrogacy – This process involves all donors meeting specific health requirements. Once the egg and sperm have been donated, the surrogate will begin the fertility treatments that will lead up to the embryo transfer. Once a doctor has confirmed a healthy pregnancy, Florida law allows surrogates to receive base compensation and monthly allowances.
Contact Our Miami Reproductive Law Attorneys Today
Starting a family is an exciting time for gay couples. If you are considering surrogacy, it is important to protect yourself and your unborn child throughout this process. Contact the Miami reproductive law attorneys at The Law Offices of Aliette H. Carolan, P.A. to learn more about surrogacy. We can help you throughout this process as you prepare to welcome a new addition to your family. Contact The Law Offices of Aliette H. Carolan, P.A. in Miami, Florida, by calling (305) 358-2330.
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