Gay Surrogacy

Thousands of same-sex couples and gay individuals become parents through in vitro fertilization (IVF) and gay surrogacy in California. At La Jolla IVF, leading fertility treatment specialist David B. Smotrich, MD, FACOG, offers comprehensive medical treatment for prospective parents and their chosen surrogates. Because it’s such a gay surrogacy-friendly state, patients come to the La Jolla, California, office from all over the country and worldwide. Being gay shouldn’t prevent you from becoming a parent. La Jolla IVF is here to support you at each step in your journey, so call the office or click the online scheduler now. 

What is gay surrogacy?

Gay surrogacy refers to same-sex couples and gay individuals using a gestational surrogate to carry and give birth to their baby. At La Jolla IVF, gay intended patients can get the caring support and guidance they need throughout pregnancy. 

What is the best method of gay surrogacy?

La Jolla IVF strongly recommends using a gestational surrogate), in which the surrogate has no genetic ties to the baby they’re carrying, because it offers the best legal protection for gay parents. 

The practice works with surrogate agencies that help parents match to the ideal gestational surrogate. These agencies assist throughout the process, including gestational surrogate background checks, health insurance, legal representation, and everything else related to surrogacy.

Having a well-rounded surrogate agency involved in all the non-medical steps of surrogacy frees La Jolla IVF up to do what they do best: outstanding medical treatment of the commissioning parents and the gestational surrogate.

Why is gestational surrogacy better than traditional surrogacy?

With gestational surrogacy, the surrogate can’t change their mind and try to keep the baby.

In the 1993 ruling Johnson v. Calvert, the California Supreme Court determined that the gestational surrogate didn’t have parental rights to the child she gave birth to because she wasn’t genetically connected to that baby. 

In the years since that court ruling, thousands of gay singles and couples have used gestational surrogacy as the path to parenthood in California, and there has never been a dispute in which the court awarded a surrogate parental rights.

The gay surrogacy laws are complex, even in a surrogacy-friendly state like California — particularly for male-male couples who don’t have the option of one of the partners carrying the baby. 

La Jolla IVF stays up-to-date with the surrogacy laws and always ensures they comply with the letter of the law and all FDA requirements. All people involved in embryo creation must adhere to donor eligibility, screening, and disease testing processes, and the practice ensures that you navigate this process legally and safely.

La Jolla IVF is at the forefront of gay surrogacy, and they look forward to working with you. To learn more, call the office or click on the online appointment maker to set up your consultation now.