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Surrogacy Law Varies State to State


Surrogacy law differs from state to state and the prerequisite to choosing the appropriate agency to handle your surrogacy is a comprehensive understanding of those state laws.

Even after Marriage Equality; Surrogacy Law Varies State to State

Ask questions!  You cannot have too much information when you are considering an agency to assist you with surrogacy.  Your questions should include:

  • How many gay couples have you worked with?
  • Have you ever had a surrogacy agreement challenged?
  • Are your fee estimates in line with actual costs?
  • Do you medically and psychologically screen surrogates before matching them with intended parents?
  • Is insurance coverage for the carrier part of the arrangement?

More gay couples, mostly male couples, are choosing surrogacy to increase their families.  It is a personal and powerful decision and, unfortunately, it’s availability to most is limited by the costs involved.

While there are a myriad of choices out there, my research has led me to a number of specific agencies agencies/people that have worked with gay couples successfully.  The most comprehensive information, however, has been conducted by my organization, Men Having Babies.  A newly revamped MenHavingBabies website has just launched with an invaluable directory of surrogacy and IVF providers.  The site also allows intended parents who have used these agencies/providers the opportunity to rate them.  The ratings section is very helpful for new parents on the journey.  We are also the only organization that has drafted a Framework of Ethical Guidelines For Intended Parents, which is a one of a kind guide from which to measure your agency and help create a positive relationship with your surrogate mother.  Finally, the Men Having Babies Facebook group offers a community sourced approach to personal questions throughout the process.

You can also read the personal blogs of a two male couples that traveled to India to have their children with the help of an Indian surrogate at: and  Please keep in mind that Indian adoptions require the acquisition of a State Department issued statement of American citizenship called a “Consular Report of Birth.”  For more information, please feel free to email me at

If you have a surrogacy story, please share it with us.