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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Every family has a story, but the paths taken by LGBTQIA+ parents are often uniquely creative, filled with both profound joy and specific hurdles. The Queer Family Podcast-LGBTQ Families & Queer Parenting Stories is a weekly space where those narratives take center stage. Host Jaimie Kelton, a queer mom herself, guides conversations that are as laugh-out-loud funny as they are deeply moving. Each episode features candid interviews with a diverse range of guests, all sharing the intimate details of how they built their families-from adoption and fostering to IVF, surrogacy, and co-parenting. You’ll hear how these families navigate school systems, healthcare, and everyday social situations, tackling challenges with resilience and humor. This podcast digs into the real stuff of queer family life, covering topics across parenting, health, fitness, and sexuality, all through an authentic LGBTQ lens. The goal isn’t just to share stories; it’s to normalize and celebrate the beautiful spectrum of ways to create a home. Tune in for a sense of community, practical insights, and a powerful reminder that family is about love, in all its forms.
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