LGBT surrogacy programs will offer intended parents the opportunity to ask questions and address any concerns they may have. However, the State laws, when they address surrogacy at all, may not address all areas of surrogacy. For example, New Jersey allows for gestational surrogacy but forbids surrogacy in any form for those in civil unions.
Surrogacy programs can offer legal protection for intended parents and their surrogate mothers. Because State laws conflict, no surrogate procedure should begin before all research on case law has been completed. Those intended parents in the LGBT community that do not perform extensive research can find themselves faced with issues of custody and can face criminal penalties if they disobey their states’ surrogacy laws.