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Gay Men and Surrogacy

Surrogacy is an option for gay men who wish to have a biological connection to their child. In a gestational surrogacy arrangement, one or more embryos would be created in an IVF cycle, using donor eggs and the individual or couple’s sperm.
If you are planning on having more than one child, you may decide that one partner is the biological parent in the first pregnancy, and the other partner is in the next pregnancy. Some couples choose to fertilize donor eggs with sperm from both partners, and embryos from both partners are implanted. A genetic test can determine the biological father. Other couples use donor eggs from the relative of one partner, and sperm from the other partner, so each has a biological connection to the child.
It’s important to work with an agency or attorney who is well versed in surrogacy laws and has experience and knowledge in working with gay couples. State laws regarding surrogacy vary, and 11 states and the District of Columbia prohibit surrogacy in one form or another.
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