Surrogacy is an assisted reproductive technology, which provides an option for individuals or couples who are unable to conceive or carry a child.  It is an expensive, complex, and emotional process – each situation being unique to all parties involved.

For those who decide that surrogacy is the right option for you and your partner, it is important to retain legal services throughout the surrogacy process whether it be from a surrogacy agency run by attorneys or one that is not. Gay surrogacy has its own complexities and considerations and our fertility doctors highly recommend that you do your due diligence to make sure you are protected with any surrogacy agency you decide to go with.

According to Rita, Program Director of Rite Options egg donation and surrogacy agency, PA, “There are numerous successful surrogacy agencies that are not run by attorneys. Many agencies refer clients to experienced well-qualified attorneys, licensed in appropriate states, to represent their respective intended parent(s) and surrogates.  Both the Intended Parent(s) and Gestational carrier should have their own respective attorney.  In these situations the attorneys referred are not affiliated with the agency, do not have any stake in the agency and can provide their client, either of the intended parent(s) or the surrogate, with unbiased independent legal advice in drafting and negotiating the surrogacy agreement, without having any loyalty considerations to the agency.”

Here are a few reasons why you and your partner should use a skilled surrogacy lawyer again whether it be attorney run or not:

Experience:  Surrogacy attorneys are experienced in reproductive law, and working with prospective parents and surrogates. They will let you know what you can expect in terms of the timeline, costs involved, and potential issues that could arise.  They are also there to answer any additional questions you may have about the process before you decide to move forward.

Screening:  A surrogacy attorney is well-equipped with the skills and appropriate contacts required to run proper background checks, seek viable references, and conduct the necessary medical and psychological screening of potential candidates.

Expenses:  Your surrogacy attorney knows what charges are customary and will represent your best interests when it comes to expenses.  You will never have to be put on the spot or feel pressured to pay unnecessary charges.

Dispute Resolution:  Should a disagreement arise between you and the surrogate, your attorney will act as the intermediary to resolve these issues.

Contracts:  Because of the complex nature of gay surrogacy, you should choose a surrogacy attorney who will represent your best interests and guide you through the process every step of the way.  The surrogacy process is complex as is the surrogacy contract/agreement, it is critical to enlist the help of an attorney who will either draft or review a contract that protects your best interests.  A surrogacy contract will detail the terms of the process as well as the expenses and will address any issues that could potentially arise before, during, or after the pregnancy.

Relationship Management:  Let’s face it, surrogacy can be an awkward exchange at times.  It’s an extremely personal and private matter, yet one that is potentially shared between complete strangers.  Your attorney will help determine the amount of contact and involvement that best suits you and the surrogate.

CT Fertility is experienced in the gay surrogacy process and will help you build your family. For more information or if you could like to schedule a consultation at our fertility center in Trumbull, CT and New York City, please call 914-251-4151 or email