Establishing Parentage in LGBTQ Surrogacy | Gay Surrogacy Laws

Are there any legal issues that same-sex couples or single persons should be aware of?

LGBTQ Surrogacy Questions: Legal or custody issues should same-sex couples or singles be aware of?

The process for getting both parents on the birth certificate will vary by state, but is generally possible using a combination of Pre-Birth Orders (PBO) and Step-Parent Adoption.

In Iowa, where the majority of Heartland Surrogacy’s surrogates reside, only the biological Intended Father can obtain a Pre-Birth Order and get their name on the initial birth certificate. The non-biological parent can use the Post-Birth Order and Step-Parent Adoption process to get their name added to the final birth certificate as well.

In the case of two Intended Mothers in Iowa, the Post-Birth Order and Step-Parent Adoption process allows for both parents to be on the final birth certificate.

For single parents, the process will be similar, depending on the biological relation to the baby, but only the Intended Father or Intended Mother will be on the final birth certificate.

For journeys with a surrogate residing in another state, we will inform you of the legal process during the matching process.

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