Surrogacy for Gay Couples: Your Complete 2026 Guide

January 10, 202615 min readLGBTQ+ Families

Building a family as a gay couple is a beautiful journey, and surrogacy offers one of the most direct paths to parenthood. This guide covers everything you need to know—from choosing the right destination to navigating legal parentage for both partners.

LGBTQ+ Friendly Surrogacy Destinations

Not all surrogacy destinations welcome same-sex couples equally. Here are your best options:

1. United States (Certain States)

The USA offers the strongest legal protections for LGBTQ+ parents. California, Connecticut, Washington, Nevada, and Oregon all provide:

  • Pre-birth orders naming both parents
  • Full legal parentage from birth
  • No adoption required by non-genetic parent
  • US citizenship for your child

Cost: $120,000 - $200,000

2. Colombia

Colombia is the most affordable LGBTQ+ friendly option, offering:

  • Full legal recognition since same-sex marriage legalization in 2016
  • Both parents listed on birth certificate after court process
  • No genetic link required (double donation possible)
  • Convenient time zone for North American parents

Cost: $50,000 - $70,000

3. Canada

Canada offers a supportive environment with altruistic surrogacy:

  • Strong LGBTQ+ legal protections
  • Altruistic model (no surrogate compensation beyond expenses)
  • Longer wait times for surrogate matching
  • Familiar legal system for US/UK parents

Cost: $80,000 - $120,000

The Egg Donation Decision

As a gay male couple, you'll need an egg donor. Key decisions include:

  • Known vs. Anonymous Donor: Some couples choose a friend or family member; others prefer anonymity
  • Whose Sperm: You can use one partner's sperm, or create embryos with both partners' sperm and transfer together
  • Split Embryos: Some couples create embryos with each partner's sperm for multiple children

Legal Parentage for Same-Sex Couples

Securing legal parentage for both partners is critical. The process varies by destination:

Pre-Birth Orders (USA)

In surrogacy-friendly US states, you can obtain a court order during pregnancy that names both parents. Your names go directly on the birth certificate—the surrogate's name never appears.

Post-Birth Court Orders (Colombia)

Colombia requires a court process after birth to establish legal parentage. This takes 2-6 weeks but results in both parents on the birth certificate.

Second-Parent Adoption

In some jurisdictions, the non-genetic parent may need to complete a second-parent adoption. This is an additional legal step but provides full security.

Bringing Your Baby Home

For international surrogacy, you'll need to navigate citizenship and travel documents:

  • Apply for your child's passport or emergency travel document
  • Complete any embassy citizenship requirements
  • Obtain the birth certificate with both parents' names
  • Prepare for the journey home with your new family

Finding LGBTQ+ Supportive Agencies

Not all agencies genuinely support LGBTQ+ families. Look for:

  • Explicit LGBTQ+ inclusion on their website
  • Track record of successful same-sex surrogacies
  • Staff who understand your specific needs
  • Connections with LGBTQ+ friendly legal counsel

GlobalStork only lists agencies that have demonstrated genuine support for all family types.

Next Steps

Ready to explore your options? Create a free GlobalStork profile and we'll match you with LGBTQ+ friendly agencies and surrogates who are excited to help you build your family.

Written by

Sara Li

Founder & CEO

After years as a reproductive rights attorney, Sara experienced surrogacy firsthand when she welcomed her own children through a surrogate in 2019. She founded GlobalStork to create the transparent, ethical platform she wished had existed for her own family.

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