The United States is the only global destination that allows commercial surrogacy for same-sex couples. Laws in “surrogacy friendly” states support surrogacy contracts and automatically name the signers as the legal parents. All babies born through gay surrogacy in the United States are entitled to US citizenship themselves. They will have an American birth certificate (certificate of live birth) and unless separate adoption procedures or court orders overrule this, will show the surrogate as the “mother” on the birth certificate, and (usually) the intended father who provided the sperm as the “father”. In some cases dependant on the relative US State laws, it may be necessary for a pre-birth judgment to be obtained regarding the actually paternity, especially when the surrogate is married. This is because some relevant state laws dictate that the husband of the woman giving birth should automatically be recognized as the ‘father’. Another way to establish paternity is a post-birth judgment. It is important to explore which option is correct for your situation by seeking local legal advice well before delivery.
We decided to write here about the states that are favorable to gay parenting.
California may be referred to as a surrogacy friendly state. Although California has no statute that directly addresses the gay surrogacy process, the state’s courts have used California’s Uniform Parentage Act to interpret several cases concerning surrogacy agreements. These agreements include lesbian, gay, bisexual and transgender (LGBT) individuals and couples.
In addition, the state makes it possible for all intended parents – regardless of their marital status and/or their sexual orientation – to establish legal parental rights prior to the actual birth of their child (or children), as well as without the need to go through proceedings for adoption.
October 17, 2012: California enacts landmark legislation giving same-sex parents via surrogacy equal parenting rights.
There are uncertain Connecticut surrogacy laws, but they’re favorable to surrogacy arrangements. The statutes don’t say anything about surrogacy arrangements, but different cases have looked well upon such arrangements, and there was even a case with a same-sex couple too. Connecticut is a gay friendly state where it is legal for gay male couples and lesbian couples to jointly adopt, as well as for individuals to adopt the children of their same-sex partner. Furthermore, same-sex couples can currently marry in Connecticut, and it seems like the courts would look well upon surrogacy agreements involving same-sex couples.
Texas law authorizes gestational surrogacy agreements, approved by the court. This includes same-sex, married couples. If the agreement is validated by the court, then the gay intended parents will be the legal parents. The parents must file a notice of the birth with the court within 300 days of the child’s birth, which will place the gay intended parent’s names on the birth certificate.
Gestational Surrogacy is permitted by statue 750 Ill. Comp. Stat. 47/10-47/70. According to the Illinois Gestational Surrogacy Act, the intended parents of a child brought to term through gestational surrogacy are the legal parents immediately upon birth. The parties must enter into a surrogacy agreement. All parties must submit certified statements on prescribed forms to the Illinois Department of Public Health before the birth. This results in a birth certificate listing the intended parents as the legal parents. Although the Illinois Gestational Surrogacy Act does not expressly mention surrogacy agreements involving lesbian, gay, bisexual or transgender couples, there has been no indication that LGBT couples are prevented from being protected under the law. Illinois Appellate Court has already sanctioned joint adoption for same-sex couples, and has also declared it legal for individuals to adopt the children of their same-sex partner. Probably soon the state will uphold a surrogacy agreement involving lesbian, gay, bisexual, or transgender individuals or couples.
Maryland is considered a gay friendly state because the laws permit intended parents to establish their parental rights in Maryland courts. A birth certificate may be obtained to include only the names of the intended parents.
Same-sex marriage is legal in Maryland. Religious officials are not required to perform same-sex marriages if doing so violates their beliefs. Maryland does not have any specific laws regarding surrogacy agreements. However, laws prohibit the sale of minors and payment for adoption services. These laws could be interpreted as prohibiting payment for surrogacy. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals are favorable. There are no restrictions against same-sex second parent or joint adoption. The law prohibits payment for adoption.
Massachusetts lawmakers are silent in regard to gay surrogacy agreements, but various cases have continuously looked favorably on agreements for lesbian, gay, bisexual and transgender (LGBT) individuals. It is allowed in Massachusetts for gay male couples and lesbian couples to jointly adopt, as well as for individuals to adopt the child of their same-sex partner. Same-sex couples have the right to marry in Massachusetts, it seems that a court can give the permission to a surrogacy agreement involving LGBT individuals.
New Jersey forbids Traditional Surrogacy but is friendly toward Gestational Surrogacy, remunerated or compassionate. Although the Attorney General opposes the granting of Pre-Birth Orders in Gestational Surrogacy cases involving an Egg Donor, the courts frequently issue such orders anyway. The issue of gay surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals is favorable by the courts. It is legal in New Jersey for gay male couples and lesbian couples to jointly adopt, as well as for individuals to adopt the children of their same-sex partner.
Oregon does not have any specific surrogacy laws, but it appears as if surrogacy agreements are legal in the state, because no laws prohibit surrogacy. More and more LGBT singles and couples are looking at Oregon for help when it comes to building a family. Oregon gay surrogacy law involving lesbian, gay, bisexual or transgender (LGBT) individuals is favorable by the courts. An administrative regulation in Oregon makes it legal for gay male couples and lesbian couples to jointly adopt a child, and it appears to also allow LGBT individuals to adopt the child of their same-sex partner.
There is no law governing surrogacy but the courts are generally favorable. It is now prospective that surrogacy agreements are available to lesbian, gay, bisexual and transgender (LGBT) individuals and couples in Vermont. It is permitted in Vermont for gay male couples and lesbian couples to jointly adopt, as well as for individuals to adopt the children of their same-sex partner. With same-sex couples now having the right to marry in Vermont, it gives surrogacy agreements a favorable outcome.
Disclaimer: We aim to provide you with all necessary information on surrogacy in different countries but legislation in each country is not an easy thing and changes rapidly. The information on this page is not obligatory updated according to the latest changes in the legislation. So, please, check the latest updating with our manager.