Surrogacy for Gay Fathers: The Complete Guide

Why Surrogacy Is the Top Choice for Gay Dads

For gay couples who want a biological connection to their child, gestational surrogacy offers the most direct path to parenthood. Unlike adoption — which can involve long waits and, in some states, discrimination against same-sex couples — surrogacy gives you control over the timeline and process.

Texas is one of the most surrogacy-friendly states in the U.S., with clear legal frameworks that protect intended parents regardless of sexual orientation.

How Surrogacy Works for Gay Couples

Gay couples pursuing surrogacy need both an egg donor and a gestational carrier (surrogate). Here's the typical process:

1. Choose a surrogacy agency experienced with LGBT+ families
2. Select an egg donor (agency, egg bank, or known donor)
3. Decide which partner will provide sperm (or use both)
4. Create embryos via IVF
5. Transfer embryo(s) to the gestational carrier
6. Pregnancy, birth, and establishing parental rights

Many gay couples choose to have both partners provide sperm samples, creating embryos with each. This allows both dads to have a potential biological connection, though the genetic father won't be known until after birth (unless you choose to test).

Choosing an Egg Donor

As a gay couple, you'll need to select an egg donor. Options include:

• Agency egg donors: Pre-screened donors through your surrogacy or a dedicated egg donation agency
• Egg banks: Frozen eggs from a donor bank (often more affordable)
• Known donors: A friend or family member who donates eggs

Most agencies can help you browse donor profiles with photos, medical history, education, and personal essays. Egg donors undergo thorough medical and psychological screening.

Legal Rights for Gay Fathers in Texas

Texas recognizes gestational surrogacy agreements under the Texas Family Code (Chapter 160, Subchapter I). While the statute references married couples, following the Obergefell v. Hodges decision, same-sex married couples have the same legal standing.

Key legal protections

• Pre-birth orders can name both fathers on the birth certificate
• The surrogate has no parental rights under a valid gestational agreement
• Both married partners can be recognized as legal parents from birth

Working with a surrogacy attorney experienced in LGBT+ family law is essential to ensure your rights are fully protected.

What Does It Cost?

The total cost of surrogacy for gay couples in Texas typically ranges from $100,000 to $150,000+. This includes:

• Agency fees: $15,000–$30,000
• Surrogate compensation: $30,000–$50,000
• Egg donor fees: $8,000–$15,000
• IVF and medical: $15,000–$30,000
• Legal fees: $5,000–$10,000
• Insurance and other expenses: $10,000–$20,000

Finding an LGBT+ Friendly Agency

Not all surrogacy agencies have the same level of experience working with gay couples. When evaluating agencies, ask:

• How many gay couples have you worked with?
• Do your surrogates specifically consent to working with same-sex couples?
• Do you have LGBT+ experienced attorneys on your team?
• Can you provide references from gay dads you've worked with?

Frequently Asked Questions

Can both partners be on the birth certificate in Texas?

Yes. With a validated gestational agreement and a pre-birth order, both married partners can be named on the birth certificate.

What if we're not married?

Unmarried couples may need additional legal steps, such as a second-parent adoption for the non-biological father. Consult with an attorney who specializes in LGBT+ family law in Texas.

Can we choose an egg donor who looks like both of us?

Yes. Many couples select an egg donor who shares physical characteristics with the non-biological father, so the child resembles both parents.