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Questions about Gay Surrogacy Laws

Today, many more gay and lesbian couples are deciding to have children through surrogacy and egg donation. Often, the reason is simply for the gay couple to experience the joy of raising a child. The gay surrogacy process for Gay and Lesbian families is similar in many ways to the process for heterosexual families. However, gay surrogacy often brings many legal questions to the forefront that need to be answered. That is where Family Lawyers from JustAnswer can provide legal insights on your specific situation. Read below the top gay surrogacy questions that have been answered by the Experts on JustAnswer.

If a gay surrogate man donated sperm for a woman to have a baby, but never signed over his legal rights to the child, does the surrogate male have any parental rights?

As the biological father and parent, the surrogate will normally have full rights to the child if no agreement or surrogacy contract was made. Only a court can usually terminate the father’s parental rights in such a case. The father's rights to the child exist be default since he is the biological father of the child.

What are the Vermont laws about someone being a surrogate mother if she is gay?

The laws vary from state to state. In many states acting as a surrogate for compensation is forbidden. In Vermont, there is an implication -- through past court cases that involve same sex marriage -- that implies that surrogate contracts would be accepted, but there is no law directly on the point and nothing provided specifically in the statutes.

Can someone have another women be a surrogate without legal papers drawn up by an attorney? Is it legal just to have a notarized signature on a drawn-up piece of paper in Missouri?

It is always advisable to get legal papers for this purpose to avoid any legal issues in future. In the State of Missouri, you can normally have another women surrogate a baby for you without having an attorney get legal papers if you write something up and have it notarized. It is a contract between the parties and there is no statute on the subject which requires compulsory legal documentation. If you have questions on how to draw up a surrogacy contract and need state specific answers, verified Family Lawyers on JustAnswer can answer your questions.

Can a gay couple adopt a child from a surrogate mother even if she is married and if one of the gay men were the biological father?

The mother's parental rights can either be terminated through a valid surrogacy contract or by a petition to terminate her parental rights after the child is born. However, the surrogacy contract will usually not establish parental rights for the non-biological father. Further, if the surrogacy contract is ever found to be invalid, the child's mother or the mother's husband could claim parental rights instead of the biological father.

To establish parental rights for the non-biological father, the non-biological father may be able to adopt the child through a second parent adoption. However, the law in Texas is silent as to whether second parent adoption is legal. Some courts allow it and others may not. However, in some situations Texas can refuse to put two men’s names on the birth certificate.

Are gay surrogacy contracts enforceable?

In many states, surrogacy contracts are considered unenforceable because of existing adoption laws designed to discourage "baby selling." These laws may, for example, forbid any consent to adoption given prior to the birth of the child. They may also make it illegal for a birth mother to receive payment for consenting to give up a child or for an intermediary or receive a fee for arranging an adoption. In states with these laws, a surrogate mother who wishes to keep the child rather than give it up for adoption may successfully challenge an already established surrogacy contract.

Laws concerning artificial insemination can also sometimes conflict with surrogacy agreements. Some states have laws maintaining that semen donors are not legally the fathers of children created with their sperm. These laws were originally designed to facilitate the development of sperm banks. In a surrogacy contract or arrangement, they can conflict with an attempt to adopt the surrogate child. Increasingly, states are drafting laws that clarify the legal status of surrogacy arrangements, including who is the rightful parent of a child born through surrogate mothering. If you are facing such a situation, Family Lawyers on JustAnswer can help answer your questions concerning state specific laws regarding surrogacy and gay surrogacy contracts.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
7 Family Lawyers are Online Now

How JustAnswer Works:

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Gay Surrogacy Questions

  • Hi, my wife (a legal immigrant with green card, approx. one

    Hi, my wife (a legal immigrant with green card, approx. one year in USA) and I will be moving to Washington state soon when my military contract ends, and it is a "community property" state, but we would both prefer to have our property governed normally, as a commonlaw arrangement is better for our situation, is there some way to arrange this and opt out of "community property" rules? Some kind of paperwork we could file?
  • We reside in Texas. I have 2 kids, 15 and 17. They have

    We reside in Texas. I have 2 kids, 15 and 17. They have both lived with me their entire life since I divorced their father until recently when my daughter, after having been grounded for a month for inappropriate, risky behavior, succumbed to her father "buying" and manipulating her to get out of her consequences. She now resides with him, and we are estranged. The Court has now ordered that all child support cease and that I be responsible to pay for both kids' medical insurance of their father's choosing, be it employer or independent agency. I, of course, already carry insurance on them b/c their father usually changes jobs every 18 to 24 months. Is there case law to support this mandate by the judge, and can he actually lawfully order where I actually purchase the insurance from? We're talking a difference of 70% increase if I drop my coverage and pay their father's coverage.  Also, will my obligation legally end with one child when they turn 18/ or graduate high school, whichever occurs first?

  • Hello, I have two questions about real estate foreclosure

    Hello,
    I have two questions about real estate foreclosure and divorce. I live in california, and our home foreclosure was started prior to divorce in early 2012. we decided to file for bankruptcy to protect ourselves from the bank and back irs taxes and put a deposit down with a lawyer. we attempted to do a loan modification on the home, but shortly after that we decided to split. the "plan" was to divorce and then separately file for BK. he left the home and i stayed, with the bank having the home on the auction block every month only to postpone it another 30 days at the last minute. in early 2013 the bank stopped listing the home for auction, while we were hammering out the details of our divorce. during the modification process,, the bank had me have my husband sign a quit claim deed to me (notarized) but i never filed it with the county (still have it though) In the divorce papers, we both agreed to give the home (asset and debt) to me and split the IRS bill 50/50 as we agreed to file BK (this irs bill was dischargable in BK) the divorce was final in 8/13 and the same week i received a notice from the back that they sold the mortgage to another bank, even though they promised me i could file change of circumstances and try to modify by myself once the divorce was final. I spoke to the new bank, and it seemed that a modification still would not be something i could afford on m y own, but they have yet to start foreclosure. I filed bankruptcy (discharged 9/14 including both the mortgage and IRS), as agreed, but he decided not to. I was told to stay in the house to protect it from vandals and squatters, since it is still legally in our names.
    My first question is in regards ***** ***** IRS bill. I no longer owe money to the IRS, but they are collecting it from him, again he refuses to file bankruptcy, and he expects me to pay him back for my "half" of the bill. In anticipation of this, my BK lawyer had me list him in my BK as a potential debt as he had not yet started paying my "half". He also owes me nearly the same amount of money for not paying me for his car payments, insurance and child support during the divorce. I have a written and signed agreement from him to pay these things (prior to him stopping paying for them) during the divorce I stopped asking for the money in order to get him to finally sign a divorce agreement. that debt was not addressed in the divorce agreement. if he tries to collect the irs debt from me, can i counter with the back pay agreement debt, basically calling it even?
    Second question, is there any way that he can charge me "rent" or "back rent" for living in the house during the foreclosure process? since i filed BK, i do not have any financial responsibility to the mortgage, but his name is ***** ***** the mortgage and deed. we both want the foreclosure process done quickly, but the bank is dragging their feet.
    Thanks in advance
    M
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