What to Know About Gay Surrogacy Laws in the U.S.

Secure Your Legal Rights as LGBTQ+ Intended Parents

The legal process of becoming a parent through surrogacy can feel like a maze, especially for LGBTQ+ couples facing added legal complexity.

In this article, you’ll learn more about LGBTQ+ surrogacy laws, establishing parentage and second-parent adoption. You’ll also learn how American Surrogacy can help you ensure a smooth path to parenthood.

You deserve a surrogacy experience that's safe, affirming and legally secure. If you want personalized guidance, fill out our form today.

Understanding LGBTQ+ Surrogacy Laws

Navigating gay surrogacy laws starts with understanding what’s legally allowed in your state — and what extra steps may be required to protect your rights. The process of establishing parentage in surrogacy isn’t always straightforward and can vary significantly from state to state.

Some states make it easier for LGBTQ+ couples by allowing pre-birth orders, which legally designate both intended parents as the child’s parents before birth. Others may require a post-birth court order or even a second-parent adoption to ensure that both individuals are fully and legally recognized. Marriage can also play a role; some states extend certain parentage rights only to married couples.

Because of these differences, it’s crucial to have a legal strategy tailored to your situation and location.

At American Surrogacy, we’re here to help you make sense of these legal nuances. We work closely with legal professionals who specialize in LGBTQ+ surrogacy laws. They can help you understand what’s required in your state so that your surrogacy parental rights are secure from day one.

Learn more about surrogacy laws and contracts.

How Legal Parentage Works for Gay Couples

When building your family, establishing parentage in surrogacy is a crucial legal step. This ensures you and your partner are fully recognized as the child’s parents.

Here’s a closer look at the legal steps that may be involved:

Pre-Birth Orders

In many states, you can file a pre-birth order that confirms your parental rights before the baby is born. This document ensures that your names are listed on the birth certificate from the start, avoiding complications at the hospital.

Post-Birth Orders

Some states require you to wait until after the baby is born to finalize legal parentage through a post-birth court order. While it may take a bit longer, this process still provides a clear path to being legally recognized.

Second-Parent Adoptions

In certain situations — especially when one parent is not genetically related to the child — a second-parent adoption may be necessary. This legal step formally establishes the non-genetic parent's rights and offers long-term protection in all 50 states.

Learn more about establishing parentage in surrogacy.

Do I Need a Second-Parent Adoption After Surrogacy?

Second-parent adoption may not be required in every state. However, it is often recommended, especially in places that don’t automatically recognize LGTBQ+ intended parents.

This process legally confirms the non-genetic parent’s relationship with the child and provides added protection in all 50 states, regardless of your home state’s surrogacy laws.

Why Does Marriage Matter Legally?

Marital status can impact how smoothly you establish parentage. Some states automatically recognize both partners as parents in a surrogacy arrangement — but only if you’re married.

Unmarried couples may need to take extra legal steps, such as adoption, to secure full parental rights. That’s why it’s important to know how your state handles parentage laws.

Explore Surrogacy by State

Navigating Surrogacy as a Trans or Nonbinary Intended Parent

If you’re a trans or nonbinary intended parent, there may be additional legal considerations when it comes to documentation and recognition.

Some states have restrictive policies around gender markers, names and how parents are listed on the child’s birth certificate. These factors can complicate the legal process — but with the right attorney, you can ensure your identity and rights are fully respected.

Look for an LGBTQ+ surrogacy attorney who understands the unique challenges facing trans and nonbinary parents and can help you plan accordingly.

Finding an LGBT Surrogacy Attorney You Can Trust

The right attorney makes all the difference. An experienced LGBTQ+ surrogacy attorney will know the legal nuances of your state and ensure your rights are protected throughout your journey.

At American Surrogacy, we connect LGBTQ+ hopeful parents with trusted legal professionals who specialize in surrogacy and parentage law. Whether you need help understanding your local requirements or navigating court orders, we’re here to help.

Connect with one of our surrogacy specialists today if you need help finding an attorney.

How American Surrogacy Supports LGBTQ+ Clients Legally

At American Surrogacy, we proudly support LGBTQ+ hopeful parents. Our team can help you find an attorney who respects your identity and goals. Together, we'll help you: