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

Join our Facebook group!

Show Comments ()
Surrogacy for Gay Men

'Men Having Babies' to Make Case for New York Surrogacy Reform

Come this Friday to hear how Men Having Babies and other advocates plan to pass surrogacy reform in NY

Three MHB members lobbying in Albany, with Senator Brad Hoylman, who led the passage of the Senate version of the bill

Since it's very first meeting in the form of a 2005 support group for biological gay dads and dads-to-be, Men Having Babies (MHB) has been advocating and educating folks on surrogacy. This has taken place in the form of many elements including conferences for those considering surrogacy, their Gay Parenting Assistance Program which helps fund many gay men undertaking the expensive surrogacy journey to fatherhood, and their extensive directory and review system on surrogacy agencies and clinics.

MHB has recently moved further to make their conferences a meeting place for committed surrogacy and gay parenting supporters, including parents, surrogates, researchers, professionals, and policymakers by creating the Advocacy and Research Forum for Surrogacy and LGBT Parenting (ARF). The program provides opportunities for formal and facilitated discussions about topics and developments relevant to parenting through surrogacy and / or by LGBT parents.

Now, in the aftermath of the stalled Child Parent Security Act (the CPSA bill), which was set to reverse the ban on compensated surrogacy in the state of New York, Men Having Babies have gone a step further. As part of the ARF initiative, this Friday November 8 in New York City, Men Having Babies welcomes folks to join them at an open to the public event: The Case for NY Surrogacy Reform.

Keep reading... Show less
Surrogacy for Gay Men

A Dream Becomes Reality, After a Men Having Babies Conference

New Yorkers David and Brian said their dreams of fatherhood crystalized only after receiving a "ton of information" at a Men Having Babies conference.

New Yorkers David F.M. Vaughn 39, and Brian Becker, 37, are new dads. Over the past three months, the two most important things they've learned as fathers is "patience, and how to swaddle LIKE A CHAMP!" David and Brian chose surrogacy as their path to fatherhood, but making that decision was one of the more difficult parts of their journey. Brian's siblings are adopted, and while they still want to make adoption part of their family journey, certain opportunities arose that made their surrogacy decision easier. Brian's sister enthusiastically offered to be their gestational surrogate, and they discovered more about the process with the help of Men Having Babies (MHB).

But let's jump back to the beginning of their story.

Keep reading... Show less
Surrogacy for Gay Men

Gay Surrogacy in the U.S. for International Dads

Kristin Marsoli of Circle Surrogacy breaks down the process of surrogacy for gay men outside of the United States

Written by Circle Surrogacy & Egg Donation, who has been helping international gay men become dads for over two decades.

Becoming a gay dad through a surrogacy agency in the U.S. – when you live outside of the United States – can feel overwhelming. You may have questions such as: Why should I come all the way to the US for surrogacy? What do I need to know as an international intended parent? How do I get my baby home?

We spoke with Circle Surrogacy & Egg Donation who has been working with international gay parents for over two decades. Circle Surrogacy was founded by a gay dad and lawyer, and is the most successful surrogacy agency with a full legal team on staff who are experts working with international parents.

Keep reading... Show less
Gay Dad Family Stories

David and Ben Met on the Dance Floor — and Are Now Grooving Their Way Through Fatherhood

David and Ben, who became fathers with the help of Northwest Surrogacy Center, live in Melbourne with their daughter, Maia.

In 2003, while both studying at Reading University in the UK, Ben Suter and David Cocks met after locking eyes on the dance floor and then being introduced by a mutual friend. Ben, a meteorologist and Operations Manager, and David, an Assistant Principal, have been together ever since. They moved to Australia together in 2010, seeking a different life, and an overall better work-life balance. The chose Cairns in Queensland as their new home, between the Great Barrier Reef and the tropical rainforest, "taking life a bit easier," said David. The couple were also married in June 2016, back home in England.

While David always wanted kids, Ben took a little convincing. So they started their parenting journey with a dog, Titan, who quickly became like their first born. From there, Ben came around rather quickly.

Keep reading... Show less
Personal Essays by Gay Dads

Single Gay Dad and the City

When Kyle decided to take his four kids, ages 6-11, to New York City on vacation, his friends thought he was crazy.

"You're crazy, Kyle."

"You can't be serious? A single dad taking four kids to the Big Apple? Think again."

"That's bold. There's no way I'd do that."

Those were a few of the responses I heard from my friends as I told them I was thinking of booking a trip to New York City with four kids, ages 11-6. My children's fall vacation from school was approaching and I wanted to get out of the house and explore. Was the Big Apple too much of an adventure?

Keep reading... Show less
News

National's Pitcher Cites Wife's Two Moms as Reason for Declining White House Invite

"I think that's an important part of allyship," Doolittle said of his wife's two moms.

Sean Doolittle, pitcher for the Washington Nationals, declined an invitation to the White House after his team won the World Series this year. In an interview with the Washington Post, he listed his numerous reasons for staying home — and a main consideration, he revealed, was his wife's two moms.

"I want to show support for them. I think that's an important part of allyship, and I don't want to turn my back on them," Doolittle said during the interview.

Trump's treatment of a minority groups, generally, factored into his decision as well. "I have a brother-in-law who has autism, and [Trump] is a guy that mocked a disabled reporter. How would I explain that to him that I hung out with somebody who mocked the way that he talked or the way that he moves his hands? I can't get past that stuff."

Doolitttle clarified that his decision had little to do with policy disagreements with the White House. "There's a lot of things, policies that I disagree with, but at the end of the day, it has more to do with the divisive rhetoric and the enabling of conspiracy theories and widening the divide in this country. My wife and I stand for inclusion and acceptance, and we've done work with refugees, people that come from, you know, the 'shithole countries.'"

He concluded by saying he respected his teammates decision to attend the White house ceremony. "I want people to know that I put thought into this, and at the end of the day, I just can't go."

Read more of the Washington Post interview here.

News

New York Will Fight 'Repugnant' Trump Rule on Adoption, Says Cuomo

Governor Andrew Cuomo of New York promises legal action of the Trump administration moves ahead with plans to allow discrimination against LGBTQ adoptive and foster parents

Last week, the Trump administration announced plans to allow adoption and foster care agencies to discriminate against prospective LGBTQ parents — but he may face a legal fight from (former) hometown. In a tweet, Governor Andrew Cuomo of New York said the proposed move "isn't just discriminatory and repugnant to our values,— it's also heartless and dumb as it would deny countless children a loving family and a safe place to call home." If the proposal moves forward, he continued. "we'll take legal action to stop it.

Governor Cuomo's office followed up the tweet with a lengthier statement posted to their website:

Once again the Trump administration is attacking the hard-earned rights and protections of the LGBTQ community, this time proposing a new measure that would give foster care and adoption agencies license to discriminate based on sexual orientation or gender identity.

Trump's proposal isn't just discriminatory and repugnant to our values — it's also heartless and dumb as it would deny countless children a loving family and a safe place to call home. If he moves forward with this rule, we'll take legal action to stop it.

No matter what happens in Washington, New York State is and will continue to be a beacon of equality in this country. Our Human Rights Law and adoption regulations expressly prohibit discrimination against the LGBTQ community, including when it comes to adoption. I encourage any LGBTQ New Yorker who feels they are a victim of this discrimination to contact the State Division of Human Rights for assistance.

Our message to the Trump administration is simple: there is no place for hate in New York or in our nation, and we will not allow this noxious proposal to stop LGBTQ New Yorkers from becoming parents or providing care to children in need.

Fatherhood, the gay way

Get the latest from Gays With Kids delivered to your inbox!

Follow Gays With Kids

Powered by RebelMouse