It is human nature to have children, regardless of gender or sexual orientation. One of the most common forms of surrogacy for single fathers or gay couples is gamete donation surrogacy. The road to becoming a parent may not be easy for same-sex couples, and gay surrogacy is becoming more common as people become more accepting of same-sex parenthood. In this article, we will learn about surrogacy for same-sex couples:

• Is surrogacy legal for same-sex couples?
• LGBT Surrogacy Process - Gay Surrogacy
• Gay Surrogacy Costs
• Surrogacy Options for Gay Men in Various Countries
• Legal Considerations of Gay Surrogacy

Is surrogacy legal for same-sex couples?

Legal!

In most countries and regions, the legality of same-sex couples having children through surrogacy depends on local laws. In some places, such as some U.S. states and Canada, surrogacy is legal for everyone, including same-sex couples. However, in other areas, such as China and many European countries, surrogacy may be illegal for both heterosexual and same-sex couples.

The United States is the only country that allows commercial surrogacy for same-sex couples.

Expectant parents will need to work closely with a surrogacy agency and an attorney familiar with surrogacy laws to complete the legal process.

What are the legal surrogacy countries for homosexuals?

Commercial surrogacy is permitted in the United States, and in Canada (which only supports altruistic arrangements). Apart from this, Mexico has also gained momentum after the Supreme Court order in 2021. In Latin America, Colombia and Argentina are relatively safe and cheapest countries. In Europe, some countries such as the UK, Denmark, Belgium and the Netherlands do support altruistic surrogacy for their nationals.

Which countries have no control over gay surrogacy?

In most countries, surrogacy laws are not yet fully established, which may pose certain risks. In these countries, surrogacy agencies may operate with irregularities due to the lack of legal regulation. Countries such as Kenya, Laos, Ghana and Cyprus are examples. These countries do not have laws that explicitly allow or prohibit surrogacy, which increases the risks faced by potential parents.

While the unregulated option in these countries may seem attractive, it comes with its own medical challenges and legal complexities.

Risks associated with unregulated surrogacy:

Unregulated countries are usually developing countries with weaker economies and therefore almost cheaper. But overall, gay surrogacy costs a lot more than what was first agreed upon.

Poor medical skills

It means that the overall success rate of IVF is low, which means that you may need to have multiple attempts at IVF and embryo transfer to be successful.

The worst case scenario is when a surrogate mother becomes pregnant but does not receive good prenatal care during her pregnancy. She may not receive the medical care and attentiveness needed for a valuable pregnancy.

Failure to protect the rights and interests of prospective parents

Due to the lack of a legal framework for surrogacy, LGBTQ parents are required to go through an adoption-like court process. Since the surrogate mother is the legal mother of the baby, a court order is needed to replace the surrogate mother's name on the baby's birth certificate with the name of the intended parents

Finally, bringing babies back home safely is also a big challenge.

LGBT Surrogacy Process - Gay Male Surrogacy

For gay male couples, parenthood is achieved through the use of donor eggs and surrogate mothers and medical procedures such as in vitro fertilization. Female homosexual couples can have biological children through assisted reproductive technologies such as artificial insemination or in vitro fertilization, and generally do not choose surrogacy.

Two gay and lesbian couples have passed on their DNA to their children through surrogacy, so how does surrogacy work for gay couples? The steps are referenced below:

• Choosing a surrogate woman for surrogacy;
• Choosing an egg donor;
• Donation of sperm samples to medical clinics;
• Embryos are transferred to the surrogate mother;
• The process of pregnancy and childbirth.

Who will be the biological parents?

Heterosexual parents need to use the genetic material of both parents to create an embryo, while homosexual parents need to decide whose sperm to use to create an embryo.

Some expectant fathers choose to use the semen of both partners to fertilize and implant an egg, thus allowing one or both homosexual partners to be the biological father of the child. This is known as a dual-parenting program, where two embryos are created using sperm from both fathers with the same egg donor (the same genetic mother), with each dad having two different surrogate mothers.

Pros and Cons of Gay Surrogacy

With medical advances in the field of Assisted Reproductive Technology (ART), same-sex parenthood has become possible and more acceptable to all types of families in most countries.

However, this is not an option for everyone, and every parent needs to consider the pros and cons of surrogacy for LGBT families before embarking on a long, complicated, and costly and legally draining process.

Leigh:

FAMILY BUILDING: Surrogacy offers gay couples the opportunity to build biological families, which is a great option for many same-sex couples who wish to have children of their own.

Legal recognition: In some countries and regions, the parental rights and legal status of homosexual couples can be strengthened by a biological link, and surrogacy is one way of establishing such a link.

Diversity of choice: Surrogacy offers the possibility of choosing the genetic background of the child, for example by selecting the genes of one of the biological parents.

Cons:

Legal and ethical issues: Surrogacy is legally controversial in many countries, especially in sociocultural contexts where homosexual relationships are more sensitive. In addition, the ethical issues involved in surrogacy, such as the rights and well-being of the surrogate mother, are often raised.

High Cost: Surrogacy usually requires a high financial commitment, including medical expenses, attorney's fees, and compensation for the surrogate mother, which can be a burden for many families.

Social acceptance: In some areas, surrogacy may be socially controversial or negatively perceived, and gay and lesbian couples may face additional social pressure and prejudice as a result.

Overall, gay surrogacy is a complex and challenging option that involves legal, ethical, economic and social considerations on various levels. It is important for same-sex couples considering this option to understand the local legal environment, prepare for possible economic and social challenges, and consult with relevant professionals.

Gay Surrogacy Costs

The cost of gay surrogacy depends on the country you choose and the services you need. Typically, gay surrogacy costs $150,000 to $200,000 in the United States, $70,000 in Colombia, and around $70,000 to $80,000 in Mexico.

Gay Surrogacy in America

In the United States, surrogacy laws vary from state to state and most states allow gay couples to expand their families through surrogacy. Here are some of the states that explicitly allow gay surrogacy:

CALIFORNIA: California is open to surrogacy, not only does it allow gay surrogacy, but it has very good legal protections.

Connecticut: Surrogacy is allowed in Connecticut and gay couples can become legal parents through surrogacy.

Illinois: Illinois is supportive of surrogacy and is open to everyone, including gay couples.

Nevada: Nevada law supports surrogacy with no sexual orientation restrictions.

NEW JERSEY: New Jersey is very surrogacy friendly and gay couples can legally have their own children through surrogacy.

Not only are the laws in these states clear, but they usually have some legal framework to protect the rights and responsibilities of all parties involved in the surrogacy process. If you are considering surrogacy in the United States, it is recommended that you familiarize yourself with the legal provisions of your specific state, and you may need legal counseling to ensure that the process is in compliance with local laws.

Gay Surrogacy in Colombia

Altruistic surrogacy is legal in Colombia.

Colombia's strengths are:

According to the Colombian Constitution, there should be no discrimination against the LGBT community. Accordingly.Same-sex or homosexual couples are just as eligible as heterosexual couples to create a family through a third-party fertility agreement.

In 2016, Colombia's Constitutional Court legalized LGBT marriage. This means that same-sex couples have the same right to build families as heterosexual couples or single people.

In 2015, it was legalized for LGBT couples to adopt gay children, so babies born from surrogacy can be adopted soon.

Rather than banning surrogacy outright, as many other countries have done, the Constitutional Court of Colombia recognized the constitutionality of surrogacy and issued guidelines for its proper implementation, a ruling that is now de facto law in Colombia.

Therefore, we can say that Colombia is a safe and affordable option for LGBT couples. The cost of surrogacy in Colombia is approximately $64,000, which is more than 70% less than the standard cost in the United States.

For gay and lesbian couples, Colombia legalized same-sex marriage in 2015 and has addressed the issue of adoption and parental rights for same-sex couples more positively in legal practice since then. This means that while surrogacy is not explicitly regulated, gay couples can theoretically create families through surrogacy.

Gay Surrogacy in Mexico

With a new Supreme Court ruling in 2021, Mexican surrogacy is now one of the best options for singles and couples of all sexual orientations around the world to start a family through an affordable legal surrogacy arrangement.

Mexico has the advantage:

Lower costs compared to the United States, with Mexican surrogacy costing $68,900. You can save up to 70% on the cost of surrogacy in the United States.

All prospective parents, singles, married heterosexual couples, homosexual couples, or cohabiting couples are eligible, the only requirement being that at least one of the couple must be genetically related to the baby.

Gay surrogacy in Canada

Canada was the first country in the world to allow foreign LGBT partners to marry and to legalize same-sex unions at the national level. This demonstrates Canada's non-discriminatory legislation on LGBT rights and interests, making it one of the most gay-friendly countries in the world.

Surrogacy is legal in Canada, except in Quebec.. However, it must be emphasized thatSurrogacy can only be done on an altruistic basis.Intended parents can only pay the surrogate's out-of-pocket expenses and cannot be involved in any commercial transaction. While some "consultants" may offer their services to surrogacy clinics, the law makes it clear that agencies cannot contact surrogate mothers directly for a fee.

Finding potential surrogate mothers in Canada can take a long time, which is a common disadvantage of surrogacy programs. Due to the altruistic nature of surrogacy, finding the right surrogate mother can take months or even years.

In addition, surrogacy programs in Canada are usually more expensive, at around $85,000.This price is relatively high compared to other countries, such as Mexico and Colombia. While the national health insurance will cover the medical costs of the surrogate, it will not cover the medical costs of the child born to parents living abroad. As a result, parents living abroad will need to pay for or purchase private health insurance to cover their baby's medical expenses.

Why is gay surrogacy so expensive?

1. Need for donor eggs

Gay and lesbian families need egg donation and surrogacy to become parents, and the cost of eggs is based on the cost of volunteers in the surrogacy country, so it is important to make sure that there is a suitable egg source for you when choosing a surrogacy destination.

2. Fewer choices of surrogacy destinations

Most Asian countries have banned surrogacy, and cheaper Eastern European countries do not accept surrogacy from gay parents.

3. Increasing the cost of in vitro fertilization and fertilization

If both parents want to establish a genetic link with their baby, they will need to undergo two in vitro fertilizations through an egg donor. This means higher medical costs, in which case the eggs obtained from the egg donor are split equally in half and then fertilized for both parties.

Thus, the cost of fertilization is doubled because embryos are created for both parents through in vitro fertilization (intracytoplasmic monosperm injection). Once the embryo is created, they need to hire two surrogates to implant the embryo from the biological father. The cost of two surrogates is, naturally, going to be at least $30,000-$40,000 higher.

Summary:

There are many important legal issues associated with the use of surrogate mothers by gay and lesbian families, as surrogacy laws can vary from state to state. Therefore, when choosing a surrogacy agency, finding an experienced agency will save you a lot of trouble. How to choose a surrogacy agency is also detailed in the previous article.