LGBTQ+ Surrogacy

Many same-sex couples and LGBTQ+ individuals have wondered, “Are Maryland, D.C. and Virginia states that allow gay surrogacy?”

Same-sex surrogacy is legal, but the process requires an experienced surrogacy attorney who has a background in LGBT surrogacy. We have extensive experience helping people to become parents through LGBTQ+ surrogacy and adoption in Washington, D.C., Virginia and Maryland. We’re proud to be a part of creating families of every kind, whether that family has one parent, a mom and a dad, two moms, or two dads. We can help you have the family you’ve been dreaming of and make sure that your rights as a parent are protected. 

Click Here to Learn How Surrogacy Works for Gay Couples and Individuals in MD, VA and D.C.?

In almost every respect, surrogacy for gay couples in Maryland, Virginia and the District of Columbia is the same as it is for any other intended parents, so feel free to contact us to learn more about the surrogacy process. Keep in mind that everyone’s surrogacy experience will be unique to their own situation and circumstances, but in general, there are usually only two potential differences between “gay surrogacy” and surrogacy for heterosexual couples and individuals:

  • You likely need to work with an egg and/or sperm donor
  • You may need to take additional legal steps to secure your legal parental rights, which we’ll help you with.


Heterosexual couples don’t always need to work with egg or sperm donors if their own eggs and sperm are viable, but in LGBT surrogacy, most people need that additional step. Depending on your situation and where you live, you may also need additional legal actions to establish your parentage. Whenever one half of a couple is not genetically related to a child born through surrogacy, there is a potential need for extra legal steps, so for this reason, it’s common for LGBT parents pursuing surrogacy to need these legal measures. When you have your initial consultation with us, we can discuss what those steps might be based on your individual situation, and how we can best protect your family. We also handle egg and sperm donor legal contracts, so we can take care of any questions you may have about working with donors and the legal processes required.

Beyond these potential differences, here’s what you need to know about surrogacy for LGBT+ families in your city or state:

Same-Sex and Gay Surrogacy in Maryland

Health insurers in Maryland are legally required to offer fertility treatments as a benefit, regardless of sexual orientation. Pre-birth orders are permitted in Maryland, which makes confirming your legal parental rights as a same-sex couple or an LGBT+ individual fairly easy in this state. We’ll work with you to file pre-birth orders whenever possible, so that you and your surrogate’s experience at the hospital as well as after your baby is born is a smooth one. This is also important for ensuring that there’s no confusion about who the baby’s parents are with hospital staff or in the eyes of the law.

Same-Sex and Gay Surrogacy in Virginia

Virginia does not issue pre-birth orders, so we will need to execute post-birth legal actions to safeguard your parental rights. Virginia Vital Records will issue a birth certificate for married same-sex couples who use surrogacy to become parents so long as one is a genetic parent. Otherwise, an adoption process may be required.

Same-Sex and Gay Surrogacy in Washington, D.C.

In Washington, D.C., pre-birth orders are permitted, and there are strict laws that protect LGBT individuals and couples from discrimination when pursuing ART or adoption for their family. The District of Columbia is a surrogacy-friendly city for LGBT families, so the legal process for residents is often a relatively simple one.

How We Can Protect Your Parental Rights

With basic rights like legal marriage only being universally granted to same-sex couples within the last decade, it’s understandable that you may worry about your ability to become a parent via gay surrogacy in Virginia, Maryland or Washington, D.C. Our job is to ensure that your legal parental rights are secure, and our years of experience with gay surrogacy laws have protected families just like yours. Depending on the path you take to parenthood and what state you reside in, the same-sex surrogacy laws that may affect you will vary, as will the legal steps that we would take to protect your rights as a family. When you contact us, we can gain a better understanding of what your individual situation may require.

We exclusively work in adoption and ART law, and we have years of experience representing LGBT parents. We are proud to be a part of something as special as creating families of every kind in Maryland, Virginia and the District of Columbia. To learn more about gay surrogacy in D.C., VA, and MD, contact us now.

“I believe in working with each of my clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is my mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, I will help you understand the laws within Maryland or Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.” - Jennifer Fairfax