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June 26, 2018

Surrogacy for LGBT Couples in California: How Cali Honors Gay Parents

Surrogacy in California is handled differently than it is in other states, especially when it comes to surrogacy for LGBT couples. If you’re part of the LGBT community, you may already have some familiarity with the state’s progressive and inclusive laws in general, but when it comes to protecting your reproductive rights and right to parent, it is absolutely the best state to be in by far. As we observe Gay Pride Month this June, we’d like to shed a little light on what makes surrogacy in California such a unique experience for the LGBT community and draw attention to a few bits of legislation that can make all the difference in the world for those hoping to grow their families.

California has a Rich History of Supporting the LGBT Community

The state made national news near the end of last year when the first set of textbooks highlighting LGBT contributions throughout history was approved. Of course, it wasn’t just the approval of the inclusive books that caused a stir. It was also the fact that the state mandated LGBT history be part of studies, especially at a time when no other states have similar laws. Some even go so far as to prohibit LGBT discussions. This isn’t the only time Cal’s colors have shown. The state is known for being home to the nation’s first gay rights group, which was founded in 1950, as well as the first lesbian-operated political and social organization, founded five years later. By 1961, José Sarria ran for a public office in San Francisco. He was the nation’s first openly-gay political candidate. When 1965 rolled around, Life Magazine dubbed the city the “Gay Capital of the US.” While there is always work to do, California has led the way in creating equal and inclusive language, spanning across every topic from marriage to respecting gender identity.

The LGBT Community is Protected when Choosing Surrogacy in California

Laws regarding surrogacy vary from state to state. Some areas outright prohibit it or prohibit commercial surrogacy (contracts with payment). Others make it impossible for parents to be listed on the birth certificate. Intended parents are forced to adopt their own children or, in some cases, cannot even be listed at all due to obscure clauses. This means that members of the LGBT community who cannot carry children or cannot create a biological child with their partner simply cannot have children at all or they must make the difficult decision of which parent to make “official.” Surrogacy in California is a wholly different experience. Individuals can become parents regardless of their marital status, orientation, or gender identity. The Uniform Parentage laws take it a step further and allow intended parents to establish their rights before the baby is born. In addition, the state also claims jurisdiction on virtually every surrogacy case that has anything to do with it, including times when the contract is signed in Cali, when the intended parents live in the state, or when the surrogate lives in the state. This means that the intended parents are not only protected by the progressive laws from within the state, but that they remain protected even if they come to the state solely for surrogacy or if their surrogate travels elsewhere. California is the only state that does this.

Choose SPS, a Dedicated California Surrogacy Agency That Offers Surrogacy for LGBT

We’re a California surrogacy agency that is proud to help with surrogacy for LGBT couples. The progressive laws the state has passed protect the rights of EVERY parent, and thus protects the children born as well. Whether you’re part of the LGBT community or not, these laws protect you and your child, and SPS is here to help guide the way. We match up intended parents with well-qualified surrogates who share similar values and attitudes, ensure everything from the legal details to medical needs are covered, and stand beside the teams we create from before conception until long after the baby is born. If you’d like the support of an established and trusted agency and are interested in Surrogacy for LGBT, call us at (949) 397-6855 to get started.