Surrogacy for Gay Men

Understanding the Legal Process of Surrogacy for Gay Men

Next up on the Daddy Squared podcast! Yan and Alex talk with a fertility lawyer, Richard Vaughn, about the legal elements of the IVF process

When thinking about having kids via surrogacy, the legal part is just as important as the IVF process itself. Making sure that the agreements with the surrogate and the egg donor are set up properly is a solid base for the whole process itself. And then there are issues like legal guardianship and birth certificates that are also crucial for finishing the process with babies that are completely, legally yours. We turned to Fertility Lawyer and gay dad Richard Vaughn of International Fertility Law Group, to set the record straight about the legal steps that must be taken when having babies through IVF.


If you're going through the surrogacy path, you're going to have more than just the agreement with the egg donor and with the surrogate. "You would typically have an agency, if you're being match with a surrogate or a donor agency, so you may have two agencies or you can find your surrogate and egg donor at the same agency," explains Fertility Lawyer Richard Vaughn. "You will have written agreements with the clinic, these are usually called Informed Consent Documents. In these documents the doctors need your consent before they proceed, so they should, in writing, explain the procedures, the medications, the risks to those things, the benefits, the goal."

"Then you'll have contracts with the donor and with the surrogate, and there's additional legal work that follows after that including guardianship documents and the parental establishment court process."

"The analogy to construction or building a house is quite crystal clear because in buying a house you've got escrow and you've got tons of documents that you're signing, some of them electronically, and you just click, click, click," adds Vaughn. "In many of these situations, at least with the Informed Consent Document at clinics it's a lot of stuff that goes over your head unless someone is explaining it to you."


About Richard Vaughn

Fertility law attorney Rich Vaughn combined his passion for family formation with over 20 years of experience in business and technology law and founded International Fertility Law Group (IFLG), one of the most successful and best-known law firms in the world focusing on assisted reproductive technology law. Rich is also married to Tommy Woelfel and a father of twins born via surrogacy.

Vaughn first studied reproductive and fertility law at Loyola University Chicago School of Law in the early 1990s. In 1993, Rich began providing litigation, contract, technology, marketing and corporate legal services to individual clients, companies and municipalities in Chicago and Los Angeles. During his own experience of becoming a parent via egg donation and surrogacy, Rich discovered a renewed passion for fertility law and launched IFLG, which focuses exclusively on assisted reproductive technology legal services. Since then he's had the opportunity to help thousands of intended parents from all over the world create families via assisted reproduction.

Episode Credits

Co-Hosts: Yan Dekel, Alex Maghen
Guest: Richard Vaughn, International Fertility Law Group
Music: Hercules & Love Affair, "Leonora" buy here


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Surrogacy for Gay Men

Learn How These Dads Used Social Media to Find Their Surrogate

In the latest "Broadway Husbands" vlog, Bret and Stephen discuss the rather unconventional way in which they found their surrogate: through a Facebook group.

In this, the Broadway Husbands' sixth video, Bret Shuford and Stephen Hanna discuss the rather unprecedented process they went through to find their surrogate. The lucky couple also chat about winning an "Intended Parents" competition, which granted them the free services of a surrogacy agency who is now helping guide them (and their new surrogate!) on their journey.

In the first video below, get caught up to speed with the dads-to-be. Plus: there's bonus footage! Ever wondered about the financial side of their journey? In the second video, Bret and Stephen talk candidly about how they're managing to afford their dream of fatherhood.

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Matthew Hamparian and his husband Brian Lawrence have been together for over 18 years and live in Columbus, Ohio. "We had talked about children for a long time," shared Matthew. They were inspired by the show "The Fosters," and watched it regularly as one of the staffers of the show was a friend of Brian's. In one of the episodes, Matthew remembers a conversation between a foster child and the biological child of his foster parents. The foster child asks if he was okay with the fact that he had to share his home with foster siblings. He responds that he is okay with it, because he and his family have enough of everything.

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Terrell and Jarius need your help. Earlier this week they were made aware of an act of discrimination against a male transgender student at Johnson High School in Gainesville, Georgia

"Dex Frier was elected by the student body to run for prom king but is now facing backlash from the school's administration," shared the dads via their Instagram. "The school's Superintendent is forcing Dex to either run as prom queen or not run at all. This is very unjust and does NOT reflect the opinion of the parents nor the students."

Watch their video below:

Dex, 17, who came out identifying as male in his sophomore year, spoke with Gainsville Times about being nominated by the student body. "Frier said he kept his emotions in check while at school, but 'the moment I got home, I immediately started crying. I've never been shown so much support before,' Frier added."

He was later informed by school officials that his name had been withdrawn and he could only run in the prom queen ballot.

Sadly, there have been rival petitions started in support of Dex's nomination being withdrawn, and he's received backlash from those who believe he shouldn't be able to run.

Although Terrell and Jarius do not know Dex personally, they were made aware of what was happening through Jarius co-worker who is a parent at the school. "He's such a brave kid and is standing firm in his beliefs, and we should support him," said Jarius.

These dads are asking all of us to take a minute and sign this petition and share with friends and family, or anyone you think could help.

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Gay Single Dads Defend Andy Cohen's Right to Be on Grindr

After the Internet rushed to judge Andy Cohen for signing onto Grindr a couple of weeks after welcoming his newborn son home, fellow single gay dads rushed to his defense.

Last week, we wrote a post about reports that "What What Happens Live" host Andy Cohen had been "spotted" on gay dating app Grindr several weeks after welcoming a newborn into his home. This has some of his followers on social media all worked up"

"Get off Grindr and start being a dad," said one follower who appeared to think single parents must take a vow of celibacy the minute they start changing diapers. "You're sad, that kid has no chance," said another.

Well, suffice it to say that this judgment from people who are presumably not single gay dads of Andy Cohen certainly struck a nerve with our gay dad audience! We received well over 100 comments on this post on Facebook, the vast majority of them coming to Cohen's defense. We caught up with two fellow single gay dads to find out why the story struck a nerve.

"We don't have to live like monks!"

One of the most liked comments on our piece came from Owen Lonzar, who wrote the following:

"I have always been a good single father to my biological son who came to live with me when he was 7 years old. He is now 25 years old and we are very close. I used Grindr and dated while he lived with me. I never had anyone sleep over and he certainly never saw some man he didn't know hanging around my home. Single parents have to date responsibly and with sensitivity to their child but that doesn't mean they have to live like monks!"

We asked Cohen to elaborate a bit more on why the backlash against Cohen bothered him. He had the sense, he said, that much of the criticism against LGBTQ parents comes from gay men without children. "Gay men without kids have a lot to say," he said. "And all of it is ignorant, because they have no idea what it means to actually be a father." He said he was particularly disappointed in gay critics, given our shared history of discrimination. "You would think with all the prejudice we have faced that gay men would be less judgmental themselves," he said.

"Are we supposed to be celibate?"

Another commenter, Josue Sebastian Dones-Figueroa, who is a divorced father of five, questioned what Cohen's critics would prefer him do. "So what, parents are supposed to become celibate because they have kids?" he asked.

We followed up with Josue to ask him to elaborate a bit more: "The idea that just because he is a dad that he would need to stop being a man," he said, questioning why Cohen should have to put his life hold and stop dating, or having sex, just because he's now a father. "If the child is cared for loved and not neglected what is the problem? Life goes on right?"


Gay Dad Life

Internet Conflicted About Advice Given to Closeted Gay Dad in the Guardian

Ok fellow gay dads: if you were the advice columnist at the Guardian, what would you have said?

Recently, in a post titled "I met my girlfriend's parents – and realized I once slept with her father," a man wrote into the advice column at the Guardian with the following predicament:

"Five years ago, I went through a bi phase and used to sleep around with pretty much everyone that came along, including other men. This changed when I fell in love with my new partner, who is everything to me. I recently met her parents and halfway through lunch realised that I had slept with her father. I was going to propose, but when my partner and her mother were away, he told me to end it with his daughter. I'm obviously in love – shall I just ignore him, or tell my partner?"

Pamela Stephenson, the Guardian's columnist, responded as follows:

"I am not sure you could ever have a comfortable future with your new partner. To tell the truth would be to court disaster: a probable break-up, plus the risk of a permanent rift between father and daughter and father and wife. Hiding the truth would lead to toxic secret-keeping that could be equally destructive in the long run. If this whole family was as open-minded and sexually open as you, it might be possible for you to become part of it. However, the father – your former lover – has made it clear that you will not be welcome. Walk away now, and avoid the massive pain that would otherwise be inflicted on your partner, her family and yourself."

Not all commenters agreed with Stephenson's advice.

"Assuming your girlfriend knows that you were bi until falling in love with her and that you slept with everybody in your path [which she deserved to know up front anyway] then you can give HER the option what to do with this bond, rather than leaving the choice to her dad," said one commenter.

Another said, "Walking away without explaining why would be callous and also allow the father to escape the possible consequences of his actions."

It's worth noting that none of these commenters, nor the columnist, are or will ever be gay dads, whose perspective on this bizarre situation may be uniquely valuable. Many gay dads have become fathers while still in the closet. And even those who became dads after coming out can still sympathize with the detrimental impacts of the closet on our lives and those of our families.

So what say you, gay dads, about this man's predicament?

Fatherhood, the gay way

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