Modern Family

Becoming an LGBT+ Parent

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The joy of being a parent comes with being human, regardless of sexual orientation.  Although a same-sex couple cannot have children without assistance, LGBT+ people are entitled to the same drive and ambition to raise children as anyone else.  In fact, studies show LGBT+ parents are statistically more likely to raise successful children than the heterosexual community. This is due to several factors, but the most important being there is no such thing as an accidental child for a gay parent.  All gay parents must go through a process to have a child.

With the triumphant legalization of gay marriage across the US in 2015, the door to surrogacy opened up to LGBTQ couples. The egg donation and surrogacy process for gay and lesbian families now follows a very similar path as with all intended parents. Same-sex couples find an egg donation and surrogacy agency like Diversity Fertility, match with a gestational carrier, arrange an egg or sperm donation and begin the legal and medical process with our surrogacy team.


As is the case with all couples, the state-by-state laws still vary quite greatly when it comes to surrogacy. For this reason, it’s crucial to work with an experienced agency and legal team to navigate any details that may come up throughout the journey. 

States with Unrestrictive Surrogacy

These states have the fewest restrictions on gestational surrogacy and support surrogate compensation, both intended parents names on the birth certificate, married couples (gay or heterosexual) and most single individuals.

  • Texas

  • California

  • Connecticut

  • Delaware

  • Maine

  • New Hampshire

  • Nevada

  • Colorado

  • Oregon

  • Rhode Island

States with Minimally Restrictive Laws

These states have minimal laws on gestational surrogacy and support surrogate compensation, both intended parents names on the birth certificate, married couples (gay or heterosexual) and most single individuals.

  • Arkansas

  • Florida

  • Illinois

  • Maryland

  • Massachusetts

  • Missouri

  • Ohio

  • Utah

  • Virginia

  • West Virginia

  • Wisconsin

States with Unclear Surrogacy Laws

These states have little or no laws about gestational surrogacy. Though this leaves the door open to all intended parents, it may require a more lengthy legal process and a post-birth order (adopt after birth) as opposed to a pre-birth order (name on newborns birth certificate at birth).

  • Alaska

  • Alabama

  • Georgia

  • Hawaii

  • Idaho

  • Iowa

  • Kansas

  • Kentucky

  • Minnesota

  • Mississippi

  • Montana

  • Nebraska

  • North Carolina

  • Oklahoma

  • Pennsylvania

  • South Carolina

  • South Dakota

  • Tennessee

  • Vermont

  • Wyoming