Expert Advice

Your Surrogacy Questions —Answered by a Dad Via Surrogacy

We asked our Instagram community to send us their questions about becoming a dad through surrogacy

Dad Tyler Fontes (read his story here) recently shared his experience as a dad through surrogacy with our Instagram community via a question and answer session.

Read Joseph's responses below.


What was the easiest and the hardest part of your surrogacy journey?

Easiest part was that we had a gestational carrier that we knew offer to do it for us allowing us to have someone we personally knew and trusted to carry our twins.

The hardest part was our carrier lived in a different state so we could not be there throughout the pregnancy process for all the check up's and ultra sounds. And knowing that twin pregnancies are already a high risk pregnancy, made for a long nervous 8 months of pregnancy.

What's your advice for finding an LGBTQ+ friendly agency?

We used social media to find recommended clinics from other gay dads. We also followed Men Having Babies and Facebook which has a huge wealth of knowledge on gay men pursuing having a family. We asked questions on there and got some great recommendations. After that we would call the agencies/clinics directly and personally ask about their experience with gay families to make sure they were very open and accepting of the LGBTQ+ community.

How did you know that surrogacy was the right choice for your family?

We knew we always wanted to have children and we continue to support adoption for us for the future to grow our family however we had the amazing opportunity to have a gestational carrier became financially and socially possible for us so we decided to pursue that opportunity first.

What are the complications that we are going to face throughout the year with baby and mother?

We love our gestational carrier and have a profound respect for the physical and emotional toll that the pregnancy takes on a woman's body, especially a high risk twin pregnancy. We were always worried about the health of the twins development along with the health of our carrier throughout pregnancy and also during the birthing process. It is a very emotional time for everyone involved throughout the pregnancy year. We will never be able to fully thank her for all she has given us.

How much money should a couple save? Do most agencies have payment plans?

In regards to all IVF, IVF medications, egg donor payment, FDA testing prior to creating embryos, embryo testing, embryo transfer, embryo storage, I would recommend about $35,000 - $40,000. That estimate is based off of our Arizona clinic pricing (who had their own egg donor bank to select from) and they did not offer a payment plan. All payments were due in full at time they occurred. That price also does not reflect a payed surrogate or birth costs. We did not go through an agency for our surrogate as our carrier was a family member and a huge financial savings for us.

What was the cost of having twins?

Most of this is answered in question 1, and really no additional cost for having twins vs a single pregnancy. Two embryos were transferred at the same time so all financial costs were still the same up to that point.

For more information on having twins, read this article: 5 Questions for Gay Dads Considering Twins in Their Surrogacy Journey

What advice do you have for someone who is thinking about becoming a dad through surrogacy?

It is going to be a long process full of emotions and at some times an emotional rollercoaster but it's all externally worth it all once you have a successful transfer and pregnancy! Do lots of research and find a clinic that's best for you and your specific needs. Also recommend some research into your state laws regarding same sex couples and having kids through surrogacy in regards to birth certificates (some states allow both dads to be on the child's birth certificate while other states only allow the one biological dad on the certificate).

Did you guys use grants or assisted funding?

We did not. We used a lot of our savings and saved finances to help with our payments. We also did our process in stages which helped pay everything off as we went along. We did embryo cryopreservation for a full year after they were created to wait until our carrier was available for the transfer.

What kind of research did you do for becoming dads through surrogacy?

We did a lot of research into well known IVF clinics in different states. We looked into some in Oregon, Colorado, Arizona, and New Mexico clinics trying to find the best one to fit with our situation as our carrier lived in New Mexico and we lived in Arizona. We also wanted a clinic that also had their own egg donor bank and embryologist on site so all our IVF could be handled at one location and office.


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Politics

Utah Bill Would Allow Gay Men to Enter Surrogacy Contracts

Rep. Patrice Arent of Utah is sponsoring a bill that will remove a provision that currently prohibits gay men from entering into commercial surrogacy contracts in the state.

Though Utah is not one of the three states that currently prohibit commercial surrogacy contracts, the state's current policy does specifically exclude gay men from doing so. That may soon changed, however, thanks to a bill in the state's legislature that was unanimously voted out of a House Committee that would remove that restriction.

The bill, sponsored by Rep. Patrice Arent, D-Millcreek, a Democrat, was created in response to a ruling by the Utah Supreme Court this past August that found the ban on gay men unconstitutional.

Gay men have been excluded from legally entering surrogacy contracts due to a provision in the current law that requires medical evidence "that the intended mother is unable to bear a child or is unable to do so without unreasonable risk to her physical or mental health or to the unborn child," Rep. Arent told the Salt Lake Tribune — a requirement that clearly excludes gay male couples.

The state's original surrogacy law dates back to 2005, before same-sex marriage was legalized in the state, which accounts for the gendered language. Though the state's Supreme Court already ruled the provision unconstitutional, Rep Arent further told the Tribute that, "People do not look to Supreme Court opinions to figure out the law, they look to the code and the code should be constitutional."

Surrogacy for Gay Men

Campaign to Legalize Surrogacy in New York Heats Up with Competing Bills

Two competing bills — one backed by Governor Andrew Cuomo and another by Senator Liz Krueger with stricter provisions — are aiming to legalize surrogacy in New York.

Governor Andrew Cuomo of New York is once again attempting to legalize commercial surrogacy in the state, which is still just one of three states in the country to forbid the practice.

"This antiquated law is repugnant to our values and we must repeal it once and for all and enact the nation's strongest protections for surrogates and parents choosing to take part in the surrogacy process," Governor Cuomo said in a statement in announcing a broader effort called Love Makes a Family. "This year we must pass gestational surrogacy and expedite the second parent adoption process to complete marriage and family equality."

Keep reading...
Personal Essays by Gay Dads

A Gay Dad Asks: Is Destroying an Embryo Similar to Abortion?

It's a question many LGBTQ parents using advanced fertility treatments will need to face — what to do with "left over" embryos.

Let me start off by saying that I have always been pro choice and support all laws that allow people to have full reproductive rights including safe and legal abortions. This is a complicated subject and not one that I ever thought I would really have to deal with on a personal level, especially being a gay man.

I remember a very heated discussion on abortion in my biology class back in university. I was young, idealistic and had very strong convictions about abortion. I was debating with a female classmate who was pro life. She felt there was no reason for an abortion ever, not even if raped by your own parent or sibling. I could not really understand her position, then or now. Don't get me wrong, I still don't agree with her, but now that I'm older and wiser, and also a parent, I have come to respect and accept opinions other than mine.

Keep reading...
Politics

Supreme Court to Hear Major Case Concerning LGBTQ Foster Care Parents

The Supreme Court agreed to decide whether cities are allowed to exclude tax-funded adoption agencies from foster care systems if they refuse to work with gay couples.

In 2018, city officials in Philadelphia decided to exclude Catholic Social Services, which refuses to work with LGBTQ couples, from participating in its foster-care system. The agency sued, claiming religious discrimination, but the United States Court of Appeals for the Third Circuit unanimously ruled against the agency, citing the need to comply with nondiscrimination policies.

The case, Fulton v. City of Philadelphia, follows a 2018 Supreme Court decision regarding a Colorado baker who refused to make a wedding cake for a same-sex couple. In that case, the court narrowly ruled that the baker bad been discriminated against, on religious grounds, by the state's civil rights commission. It did not decide the broader issue: whether an entity can be exempt from local non-discrimination ordinances on the basis of religious freedom.

The court — whose ideological center has shifted to the right since the addition of Justice Brett Kavanaugh in fall 2018 — may choose to do so now. Advocates quickly called on the court to consider the potential impact on the more than 400,000 children currently in the foster care system:

"We already have a severe shortage of foster families willing and able to open their hearts and homes to these children," said Leslie Cooper, deputy director of the ACLU LGBT & HIV Project. "Allowing foster care agencies to exclude qualified families based on religious requirements that have nothing to do with the ability to care for a child such as their sexual orientation or faith would make it even worse. We can't afford to have loving families turned away or deterred by the risk of discrimination."

"It is unconscionable to turn away prospective foster and adoptive families because they are LGBTQ, religious minorities, or for any other reason unrelated to their capacity to love and care for children," said HRC President Alphonso David. "We reject the suggestion that taxpayer-funded child welfare services should be allowed to put discrimination over a child's best interest. This case could also have implications for religious refusals that go far beyond child welfare. The Supreme Court must make it clear that freedom of religion does not include using taxpayer funds to further marginalize vulnerable communities."

The court may choose to override a 1990 decision, Employment Division v. Smith, which created the current standard for carving out religious exemptions. In that case, the court ruled that laws that target a specific faith, or express hostility towards certain beliefs, are unconstitutional — but this standard has long been abhorred by religious conservatives, who think it doesn't offer enough protections for religions. If the court does overrule Smith, it could have far-ranging consequences. " As noted on Slate, "it would allow anyone to demand a carve-out from laws that go against their religion, unless those laws are 'narrowly tailored' to serve a 'compelling government interest.'"

The four members of the court's conservative wing — Thomas, Alito, Gorsuch, and Kavanaugh —have all signaled an openness to reconsider Smith. The ruling's fate, then, likely rests in the hands of the court's new swing vote, Chief Justice Roberts.

For more, read the full article on Slate.

Gay Dad Life

Dads Tell Us Their 'Gayest Moment Ever' as Parents

We may be dads — but we're still gay, damnit! And these "gayest moments ever," sent to us from our Instagram community, prove it.

Did your child know all the lyrics to Madonna songs by age 3? Do your kids critique all the red carpet lewks from the Tony Awards? Do you often have baby food, diapers, sparkling white wine, gourmet appetizer, and fresh cut flowers in your shopping cart — all in one trip? If you answered 'yes' to any of the above, you just might be... a gay dad.

We asked the dads in our Instagram community to share their gayest moments as a dad, ever, and their responses were just as hilarious as they were relatable.

Here's a great way to start the week...

Keep reading...
News

What's it Like to Be a Child of the 'Gayby Boom'?

Tosca Langbert, who grew up with two dads, writes a piece for the Harvard Business Review about what it's like being among the first children of the "Gayby Boom" to come of age.

We've previously written about the pressure on LGBTQ parents to appear perfect, given that so many in the United States still feel out families shouldn't exist in the first place. And we know this pressure trickles down to our kids. But In an article for the Harvard Business Review titled 'The Gayby Boom Is Here to Stay," author Tosca Langbert eloquently writes, from her perspective, about the experience of beingone of the first children to come of age during an era when LGBTQ parenthood is far more commonplace. She and her two siblings, she notes, "were raised in a family that was an impossibility only decades ago."

In the article, Langbert said she knew from a young age that her family was different from those of most of her peers, who had one a father and a mother. But otherwise, she writes, she didn't feel like her family differed much. "Like any other parents, Dad sat in the carpool lane after school and taught us how to ride our bikes," she writes, "while Papa took us to the movies on the weekends and separated the whites from the colors."

Keep reading...
Politics

Colorado Republicans Try and Fail to Outlaw LGBTQ Marriage and Adoption Rights

A bill introduced by four Republican state legislators in Colorado that would outlaw same-sex marriage and adoption rights was voted down.

The "Colorado Natural Marriage and Adoption Act," which would have outlawed gay marriage and adoption in the state of Colorado, was voted down in the state legislature this week. The bill was sponsored by Republican Rep. Stephen Humphrey and three of his conservative colleagues: Dave Williams, Shane Sandridge and Mark Baisley.

If enacted, the bill would have enforced "state law that marriage is between one man and one woman" and restrict "adoption of children by spouses in a marriage ... that consist of one man and one woman."

The bill, which had little chance of success, particularly in Colorado which has trended more progressive over the past several election cycles, was mostly symbolic, according to Sanridrge. "We all know this bill isn't gonna pass in this current left-wing environment," he told Colorado Public Radio. "It's to remind everyone, this is the ultimate way to conceive a child."

In a sign of how far we've come on the issue of LGBTQ marriage and parenting rights, most Republican legislators in the state did not endorse the bill.

Though the bill had little chance of passage, LGBTQ advocacy groups in the state are taking the threats seriously nonetheless. Daniel Ramos, director of the LGBTQ group One Colorado, told LGBTQ Nation that the bills were an attempt to return Colorado to its "hate status" of the 1990s, adding the aggressiveness of the measures were "a bit surprising."

Fatherhood, the gay way

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