Egg donation and surrogacy provide same-sex couples the same possibilities as other couples for raising a child. There are several benefits for using egg donation and surrogacy for LGBT couples. Furthermore, family building through surrogacy is unique in California, as certain laws may vary from state to state. Here’s everything you need to know about the California surrogacy process for LGBT couples.
Using Egg/Sperm Donation and Surrogacy
LGBT family building can be complex, so it may be necessary to rely on egg donors and sperm donors. Depending on the unique situation of the couple, there are several fertility treatments that may work best. For example, IUI (intrauterine insemination) or IVF (in-vitro fertilization) with donor sperm may be a viable option for lesbian couples. The goal of IUI fertility treatments is to get the highest amount of sperm directly inseminated into the uterus in order to achieve the greatest possibility of fertilization. Similarly, IVF fertilization is the joining of both the egg and sperm, using a lab for fertilization, outside the uterus. Furthermore, reciprocal IVF allows both female partners to actively participate in the family-building process. This process is very similar to IVF, though the only difference is that the woman not providing her eggs for fertilization will carry the pregnancy.
For gay men who wish to have a child, a viable option may be IVF with donor eggs and gestational surrogacy. Choosing IVF with donor eggs allows at least one of the fathers of a same-sex couple to be biologically related to their child. This possibility is made a reality with egg donation. Certain agencies in California, such as the Southern California Center for Reproductive Medicine allow gay couples to either use an anonymous egg donor (with the proper screening precautions in place) or ask a family member or friend to serve as their egg donor.
Related: What Is a Surrogate Mother?
LGBT Fertility Legal Considerations
As laws vary from state to state regarding same-sex family building, it is incredibly important to understand the guidelines set in place. An experienced family law professional may also be a useful resource, as they will be able to help navigate legal considerations such as:
- Arrangements and compensation agreements with donors and gestational surrogates
- Being named a child’s legal parent
- Protecting parental rights if not biologically related to the child
For the State of California, for example, surrogates are in high demand which may make the cost slightly higher in comparison to other states. Many west coast agencies, such as Innovative Fertility Center will explain the process for surrogacy for a same-sex couple, and why gestational surrogacy may be preferred. IVF and gestational surrogacy allow men and women to become parents despite any barriers they might be facing, such as sperm disorders or recurrent miscarriages. For gay couples, this fertility treatment will always be involved as a surrogacy option.
Changes to California’s parentage laws in recent years have allowed for more inclusive accommodations for LGBT couples using Assisted Reproduction Technology, such as IVF or gestational surrogacy. California Family Code Section 7540 now allows intended parents to establish their rights before the baby is born.
Related: Is Surrogacy Legal in California? CA Surrogacy Laws
Surrogacy Process for Gay Intended Parents
There are several aspects of the surrogacy process that may appear complex, such as the need for an egg donor or finding the right surrogacy agency for each unique family situation.
First, finding a surrogacy agency that fits a couple’s criteria and expectations is critical. This can be accomplished by researching numerous agencies and reaching out to see what types of services they offer. Additionally, it is important to understand the costs and fees associated with surrogacy. For example, insurance expenses, IVF expenses, and egg donor fees all might be viable categories of consideration. There are also agencies, such as Circle Surrogacy, that offer surrogacy programs that provide fixed costs for certain categories of fees and expenses.
Finding the right surrogate, egg donor, or sperm donor is an essential aspect of the surrogacy process for LGBT parents. This large step in a family-building process can be accomplished through screening and research, as well as reaching out to specific programs to find a perfect match.
FAQs About Surrogacy Process for LGBT Couples in California
For gay dads, what are some criteria to be matched with a gestational surrogate?
Intended parent matching criteria will cover an array of preferences. Whether through a surrogacy agency or an independent surrogacy journey, criteria to look for may include the level of communication with the surrogate, the location of the surrogate mother, and the views on selective reduction and termination.
Who is responsible for paying bills related to surrogacy?
Any medical expenses directly related to a surrogate’s pregnancy will be covered by the intended parents. This may include everything from screening costs, medical expenses, and legal expenses. All other medical bills should be covered by health insurance.
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If you or a loved one would like to know more about the California surrogacy process for LGBT couples, get your free consultation with one of our experienced California Family Law Attorneys today!