Surrogacy may be used by either a single gay male or same sex male couple when trying to build a family. By using a surrogate one person will have a genetic connection to the child, which is a benefit to gay men in states that prohibit LGBT adoption. This means you will be legally recognized as the parent of the children born of the pregnancy. If allowed by your state, your partner may also be legally recognized as the second parent through the adoption process.
As a couple, some fertility clinics will allow both men to transfer embryos fertilized with their own sperm to the same surrogate. If both transferred embryos implant, twins will be born with the same biological mother, but different biological fathers. If only one embryo implants, a test to determine the biological father will be needed.
Another option is to have a female relative of one of the male partners donate an egg while the other partner provides the sperm. This will allow a genetic connection to the child from both parents. Individual states will decide the content of the birth certificate in this case.
Finally, a gay couple may have a child related to one partner during one pregnancy, and related to the other partner in a subsequent pregnancy using the same surrogate or egg donor. This option allows for the children to be related through shared DNA of the egg.
Legal representation is crucial to draft surrogate and egg donor agreements that retain the rights to parenthood intended by the arrangement and to offer advice on afforded protection through the process. Individual states have varying laws regarding surrogacy, and some states prohibit the practice altogether. Legal advice may come from a fertility clinic specializing in surrogacy, a surrogacy agency or lawyer.
Many surrogacy centers specialize in helping to create families for gay men, if you would like help finding a fertility or surrogacy clinic near you contact us at Fertility Authority! And best of luck on creating your new family!