Everyone should be blessed with the joy of having children in their lives. But that can be a hurdle for those who are same-sex couples. Thankfully, surrogacy has helped many same-sex parents achieve this dream to have children of their own. Not many people know that there are different types of surrogacy available, and there are different legal aspects attached to each one.
Surrogacy for Male Same-Sex Couples
Surrogate for gays is pretty easy: a child is conceived by a woman using one of the partner’s sperm so that the child is biologically connected in some respect. Surrogacy is when someone else carries a pregnancy for you without intending to be a parent.
Surrogacy for Female Same-Sex Couples
Surrogacy for lesbian couples is a bit more complicated, given the definition of surrogacy. In this kind of relationship, one of the partners is carrying the other’s biological child with the intention of both of them being the parents. This is intra-partner IVF or co-maternity.
Are You Looking For A Surrogate Somewhere Else?
Some people choose to look overseas while others look within the borders of their own country to find a surrogate. Depending on which choice you go with, the law will affect you differently.
Local surrogacy, depending on the laws of your country/state, may ban third parties from arranging surrogacy if it is for profit. Advertising for surrogacy is also barred, which can make it difficult for same-sex couples to find surrogates. It’s also good to keep in mind that surrogate agreements may not be enforceable where you live, so you will need to trust that the surrogate intends to turn over their parental rights to you and your partner.
International surrogacy can be easy or more difficult depending on the laws of the country you’re looking at. Many countries have a supportive legal framework in place to ensure that you are recognized as the legal parents of the child at the time of birth. Always examine the laws of any country you’re looking at for surrogacy purposes.
Having Legal Orders Put Into Place
In the event that you choose to go with international surrogacy, then you may have to file for something called a parental order. This is necessary in countries where the surrogate is considered the legal birth mother; if she is married, then her husband is considered the father/second legal parent. A parental order then needs to be applied for so that parenthood can be reassigned to you and your spouse. If neither spouse is the child’s biological parent, then you may need to file for adoption instead.
During this interim period before you are granted full parenthood, you will need to know about your legal rights and responsibilities before parenthood is fully resolved. You will have to consider options such as decisions about the child’s care, if you can take time from work, and what should happen in the future if either you or your spouse should pass away. Speak to an attorney about these issues to put your mind at rest and help the process proceed a lot more smoothly.
