Delaware offers some of the most progressive LGBT surrogacy laws, treating same-sex intended parents with the same legal protections as heterosexual couples.
Under the state's Gestational Carrier Agreement Act of 2013, gay surrogacy laws provide clear pathways for same-sex couples to secure pre-birth orders and establish parental rights regardless of genetic connection.
Schedule a consultation today to discover how Delaware's inclusive surrogacy laws can help you become parents faster than you might expect.
We're here to walk you through everything you need to know about LGBT surrogacy laws in Delaware, from pre-birth order requirements to finding the right legal representation.
LGBT Surrogacy Laws in Delaware and Establishing Parentage: Will We Get a Pre-Birth Order?
Yes, Delaware courts routinely issue pre-birth orders for LGBT intended parents but enforcement is stayed until the child is born.
Both intended parents may be declared legal parents regardless of marriage status, biological relation, or sexual orientation.
What makes Delaware particularly LGBT-friendly is that genetic connection isn't required for both parents. This means:
Male same-sex couples using donor eggs can both be declared legal parents Female same-sex couples using donor sperm can both be declared legal parents Couples using donor embryos can still obtain pre-birth orders Marriage is not required
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Delaware?
Absolutely. Delaware's statute treats same-sex couples exactly the same as different-sex couples.
Both intended parents can be declared legal parents in a pre-birth order even when no parent is genetically related to the child.
- For gay male couples: The biological father and non-biological partner can both be declared legal parents through the same pre-birth order.
- For lesbian couples: Whether using own eggs or donor eggs, both partners can obtain legal parentage from birth.
What If We're Not Married — Can We Both Be Legal Parents?
Yes, unmarried LGBT couples can both be named as legal parents in Delaware. Marriage is not required under the statute, and parental rights are determined regardless of marital status.
What matters for the pre-birth order is your surrogacy contract and meeting legal requirements, not your marital status.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Delaware?
Single LGBT individuals absolutely can establish legal parentage through surrogacy in Delaware.
Single men have been found to be parents of children born through surrogacy, and Delaware's law treats single intended parents with the same protections as couples.
Pre-birth orders are available whether you're:
Using your own genetic material with donor assistance Using donor genetic material without genetic connection Single by choice or circumstance
You won't face discrimination based on relationship status or sexual orientation.
How Will Our Names Appear on the Birth Certificate in Delaware?
Delaware allows same-sex couples to be listed as "Parent and Parent" on their child's birth certificate.
The birth certificate will reflect the names from your pre-birth order, so LGBT couples who have secured parental rights through the court process won't experience delays.
How Long Will It Take to Get the Birth Certificate?
In Delaware, you'll typically receive the final birth certificate in 2-5 weeks, with expedited processing available if needed.
Do We Need a Second Parent Adoption After Surrogacy in Delaware?
In most cases, second parent adoption is not necessary for LGBT intended parents in Delaware because both parents can be declared legal parents through the pre-birth order process.
Second parent adoption might be considered if:
You worked with a surrogate in another state and return to Delaware There were complications with the pre-birth order process You want additional protection for international travel
Delaware allows second parent adoptions for both married and unmarried same-sex couples, but it's usually unnecessary due to the strong pre-birth order system.
How Surrogacy Contracts Protect LGBT Parents in Delaware
A well-drafted surrogacy contract provides essential protections for LGBT intended parents. In Delaware, surrogacy contracts are legally enforceable when they meet all legal requirements.
- Clear statements that both intended parents will be declared legal parents
- Anti-discrimination provisions protecting against discriminatory treatment
- Medical decision-making rights during pregnancy
- Requirements for LGBT-affirming healthcare throughout pregnancy
Why Work With a Surrogacy Agency If You're an LGBT Couple in Delaware
Working with an experienced surrogacy agency provides LGBT couples with specialized support beyond matching services. Benefits include:
Faster match times with surrogates who specifically want to work with LGBT intended parents Access to attorneys specializing in LGBT surrogacy laws in Delaware LGBT-affirming support and advocacy with medical providers Comprehensive case management through every stage Experience navigating unique legal challenges for same-sex couples
While Delaware's laws are excellent, having an experienced advocate ensures your journey is smooth and stress-free.
Finding an LGBT-Friendly Surrogacy Attorney in Delaware
Working with an attorney experienced in LGBT surrogacy laws in Delaware is crucial for ensuring your parental rights are properly established.
Recommended Delaware Surrogacy Attorneys:
- Deborah E. Spivak (Wilmington): Spivak has extensive experience handling assisted reproductive technology cases and has hundreds of families achieve their goals of expanding. Spivak is knowledgeable in gestational carrier agreements, donor agreements, embryo placement agreements and pre-birth orders in the courts of Delaware.
- Dana Reynolds (Wilmington): Reynolds' practice focuses on providing legal guidance, education, and representation for family building through assisted reproduction.
How to Get Started With LGBT Surrogacy in Delaware
Delaware's inclusive legal framework makes it an excellent choice for LGBT family building. Here's where to start:
- Schedule consultations with LGBT-friendly surrogacy professionals
- Choose a surrogacy agency with proven LGBT experience
- Review insurance coverage and financing options
- Complete medical evaluations and determine donor needs
- Match with a gestational carrier excited to help LGBT families
- Finalize your surrogacy contract and begin the pre-birth order process
Delaware's progressive LGBT surrogacy laws in Delaware mean you can build your family with confidence, knowing both parents will be legally protected from birth.
Imagine the moment you hear, "You're going to be parents!" Take your next step today with a comprehensive consultation about Delaware surrogacy.