Surrogacy, Parentage Orders, and the Legal Side of Queer Family Building

Surrogacy, Parentage Orders, and the Legal Side of Queer Family Building

Author: Jaimie Kelton – Queer Parenting & LGBTQ Families'. March 9, 2026 Duration: 51:55

What does it really take to build a family through surrogacy as a same sex couple? In this episode, Jaimie sits down with attorney and dad Alexander Paykin to talk about his family’s surrogacy journey, the many unexpected twists along the way, and the legal realities queer parents need to understand before getting started.

Alexander shares how he and his husband chose an egg donor, what surprised them most about the surrogacy process, and why so much of queer family building comes down to preparation, paperwork, and knowing the laws in the right states at the right time. They also get into parentage orders, second-parent adoption, and just how complicated the legal side of having a baby the queer way can be.

It’s a conversation full of practical insight, real-life experience, and a powerful reminder that LGBTQ+ parents are some of the most intentional parents out there.

🏳️‍🌈 Key Takeaways

  • Surrogacy is often far more complicated than intended parents expect.
  • The process is not always linear. Many parts need to happen in parallel.
  • Choosing an egg donor can feel overwhelming, but medical history matters most.
  • A strong surrogate match can make all the difference.
  • Parentage orders are incredibly important for protecting queer families.
  • The laws that matter may not just be the laws in your home state.
  • A surrogate’s location, travel plans, and delivery state can all affect legal outcomes.
  • Surrogacy agreements are highly detailed because they account for nearly every possible scenario.
  • LGBTQ+ parents go through enormous effort and intention to build their families.
  • Legal guidance is not optional when it comes to surrogacy.


🏳️‍🌈 About the guest(s)

Alexander Paykin is a New York-based attorney and founder of Paykin Law. A gay dad through surrogacy, he brings both legal expertise and personal experience to conversations about the complexities of queer family building.

🏳️‍🌈 Thanks to our sponsors

Be Parent Surrogacy Be Parent oversees the creation of family through surrogacy and IVF, from the very beginning, extending support even well after birth. Mention The Queer Family Podcast to receive $2000 of your treatment! 


🏳️‍🌈 Resources Mentioned

  • Illume Fertility (formerly RMA of Connecticut)The fertility clinic Alexander and his husband used for their egg donor and IVF process.
  • Equality for Children / LGBTQ Parent Legal Protections (general concept discussed)While not named as a specific organization in the episode, Alexander and Jaimie discussed legal protections like parentage orders and second-parent adoption, which vary by state. Listeners are encouraged to research the laws in their state and consult a family-building attorney.


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🏳️‍🌈 Edited by: Jerson Barajas 🏳️‍🌈 Theme Song by: Tiffany Topol 🏳️‍🌈 Logo by: Daneen Stevenato 🏳️‍🌈 Shop merch here. 🏳️‍🌈 Full transcript & episode info available on our website

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The information shared in this episode is for educational purposes only and not a substitute for professional advice. Always consult a trusted professional for your specific situation!



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Hosted by queer mom Jaimie Kelton, The Queer Family Podcast-LGBTQ Families & Queer Parenting Stories offers a weekly space that is both uproariously funny and deeply genuine. Each episode features conversations with LGBTQIA+ parents, hopeful parents, and their allies, delving into the specific joys and hurdles of building a family outside of traditional frameworks. You’ll hear firsthand accounts of the paths to parenthood-from adoption and fostering to IVF and surrogacy-and the everyday realities of raising kids in a world that can still feel unfamiliar. This podcast moves beyond theory, focusing on lived experiences that cover everything from health and fitness routines that work for queer families to navigating complex conversations about sexuality and society with children. The goal is straightforward: to share stories that normalize these experiences, elevate diverse voices, and celebrate the full spectrum of queer family life. Tuning in means connecting with a community, finding resonance in shared challenges, and gathering a lot of practical wisdom-and laughter-along the way. It’s a resource and a companion for anyone curious about or living within the beautifully expansive definition of a modern family.
Author: Language: en-us Episodes: 100

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