The LGBT community has made great strides in recent decades. Areas of life that were once off-limits to same-sex couples and others, including marriage, are now commonly accepted and lawfully established in the United States. Even so, LGBT intended parents may face additional hurdles.
States of Mind
We don’t have to tell you that there are notable differences in attitudes towards nontraditional families in different parts of the world and between US states. Attitudes have a tendency to translate themselves into laws and, while gestational surgery remains a topic of discussion, the discussion tends to get more heated when gender and orientation issues enter the mix.
As you might expect, places with more liberal gestational surrogacy laws such as California provide a legal team with fewer potential legal obstacles than in places where surrogacy is not legal. These largely rural or exurban areas may have additional laws on the books that specifically discriminate against LGBT parents. Even predominantly urban states like New York and Illinois have only very recently started to seriously reform their laws on these matters.* Nations around the world all have their own cultural attitudes and political systems that can make an enormous difference when it comes to establishing parental rights.
Even when working with very traditionalist leaning states and countries, there are often legal means of overcoming obstacles but that may mean considerably more work both in terms of legal counsel and routine paperwork.
One of the most important jobs of a good surrogacy agency is ensuring that clients have access to all of the necessary legal counsel necessary and in an organized matter so that intended parents can grow their families without facing unexpected roadblocks.
LGBT Egg Donation
While the medical process is largely the same regardless of the gender or orientation of intended parents, there is a more frequent need to use either frozen or donated eggs. Specifically, transgender men or other gender-nonconforming people preparing for gender-reassignment procedures may choose to freeze their eggs before medical treatment. Couples consisting of two cisgender men will require a donor egg.
While necessary in many cases, using frozen or donated eggs adds a step to the process and could complicate establishing parental rights in places with more restrictive laws. Since these laws are constantly changing, this is another area where lawyers knowledgeable in this area of family law nationwide and internationally may also be essential.
Choosing a Surrogate
Along with our in-depth screening in terms of the physical and psychological fitness of the surrogate, we are always mindful of ensuring that our introductions of intended parents to prospective surrogates are painstakingly screened. Global surrogacy’s goal is always to insure that all parties have appropriate attitudes, understand their roles, and are ready to be part of the process.
Choosing the Right Agency
The journey for intended parents is never simple. It’s not fair but it’s nevertheless true that it can be even more complex for people building nontraditional families. At Global Surrogacy Services, we’re sensitive to the needs of our highly valued clients of all genders, orientations, and backgrounds. For further information, please see our LGBT Services page.