Gay Couple Legally Recognized as Fathers on Birth Certificate for Surrogate Born Son

For the first time in history, Argentina recognized a gay couple as legal parents of a child born from surrogacy. On June 29, 2012, baby Tobias was born in New Delhi to Alejandro Grinblat and Carlos Gustavo Dermgerd by way of a Canadian surrogate using a sperm donation from one of the fathers. 2012 earmarks the first official registration of a baby with two fathers in Argentina. The Marriage Equality Act clearly states that no legal distinction should be made between children of same-sex or different sex couples. This registration paves the way for gay couples to form families using international surrogacy.

Around the world, lawmakers continue to struggle with developing regulations for marriage and family formation for non-traditional couples. Ultimately, there are four options on the table for gay couples: co-parenting, fostering, adoption and surrogacy. However, the desire for a biological link to their child can figure prominently in a couple’s decision, often making surrogacy a first choice for gay couples.

Unfortunately, surrogacy is only legal in about 14 countries, and many couples find the costs associated with surrogacy prohibitive. This is where international surrogacy comes into play: a couple contracts with a surrogate in another country to carry the child, then bring the child home as their own. Surrogacy is less costly in some parts of the world, such as Ukraine and India, compared to the United States or Europe. Indian physician Dr. Samundi Sankari states, “’The costs that they pay here is almost one-fifth the costs they pay for surrogacy in U.S. and Europe.’ She gets a lot of inquiries from gay couples in the US and Israel.” (Life Site News)

As with any legal transaction, regulation varies from country to country. Couples looking for a surrogacy arrangement should consider specialized legal counsel to safeguard their interests. Intended parents who utilize an international surrogate are responsible for the fair treatment of the surrogate under contract. It is important to ensure your surrogacy contract clearly defines surrogate compensation, payment of medical bills, and other responsibilities and liabilities. It is also important to ensure compliance with local regulations to avoid a tangled web of proceedings when registering the child in the parents’ country of origination; an attorney expert in parental establishment law can help here, too.

International surrogacy is a growing trend around the world, with regulatory support evolving in tandem with the growing attainment of LGBT equal rights. Many countries have progressed from recognition of domestic partnerships to the next step of legalizing gay/lesbian marriage, and finally to legalizing adoption rights and parentage rights for same-sex couples who choose surrogacy.


Life Site News:


Rich Vaughn
Richard Vaughn

Attorney Rich Vaughn is founder and principal of International Fertility Law Group, one of the world’s largest and best-known law firms focused exclusively on assisted reproductive technology, or ART, including in vitro fertilization (IVF), surrogacy, sperm donation or egg donation. Rich is co-author of the book “Developing A Successful Assisted Reproduction Technology Law Practice,” American Bar Association Publishing, 2017.

Peiya Wang
Paralegal (律师助理)

Peiya Wang joined IFLG as a paralegal in 2015, where she manages surrogacy, egg donation and parental establishment cases and provides translation services for many of IFLG’s international clients. Peiya received her bachelor’s degree from Beijing Technologies and Business University, where she majored in Marketing. She moved to the United States in 2012 to attend Northeast University in Boston, Massachusetts, receiving a Master of Science degree in Global Studies and International Affairs in 2014. Peiya moved to Los Angeles in 2015 and received her paralegal certification from UCLA Extension. When away from the office, Peiya is a dragon boat paddler and a ballroom dancer, where she favors Rumbas and Cha-chas. She is fluent in Mandarin and English.

Luis Sosa

Luis R. Sosa joined IFLG as a paralegal in 2016, where he enjoys pursuing his passion for family and reproductive law. While working toward his bachelor’s degree at Florida International University, Luis worked as a paralegal and legal assistant for family law litigation firms in Miami and Washington, D.C. As a paralegal and case manager for IFLG, Luis, who is bilingual in English and Spanish, manages surrogacy, egg donation and other reproductive law cases. In addition to spending time with husband Randy and dog Marty, Luis enjoys being outdoors and appreciating the arts.

Toni Hughes

After receiving her B.S. in Business Management, Toni joined IFLG to pursue her dream of working in the legal field. As a Paralegal with over 10 years of experience in the assisted reproduction technology field, Toni is our Managing Paralegal, responsible for training and managing our paralegal staff. From drafting legal documents to assisting our clients with post-birth matters, Toni embraces the challenge of learning something new in this field each day. Besides spending time with her son, Jordan, Toni enjoys exploring new things, cooking, spending time with family and friends, and serving as a Youth Advisor for “Next Generation.”

Miesha Cowart
Financial Coordinator

Miesha Cowart joined IFLG as a financial specialist in 2014 following a successful career in development and business finance. Miesha previously worked for 10 years in the construction industry as a controller and for 13 years as Development Coordinator for the non-profit U.S. Fund for UNICEF. In her free time, Miesha works with “Next Generation” at her church. “They are my heartbeats!” she says of the youth in her community.


Kim has over 25 years of experience in the legal field and has worked exclusively in surrogacy and assisted reproduction law since 1999. Kim is a senior case manager of surrogacy and egg donation cases, and is also responsible for managing parental establishment cases and interacting with IFLG’s Of Counsel attorneys across the country. With three children of her own, Kim understands the importance of family and finds working in this area of law a rewarding experience.

Rich Vaughn

Attorney Rich Vaughn combined his personal passion as a father of twin boys born via assisted reproductive technology (ART) with more than 20 years of experience in business and technology law to build International Fertility Law Group. Today IFLG is one of the most successful and best-known law firms in the world focused exclusively on fertility law, helping thousands of intended parents through empathetic listening, compassionate guidance, and unmatched legal expertise. As an advocate for reproductive freedom, Rich also contributes his knowledge and time to improving the understanding and practice of ART law, most recently as a founder of and speaker at the first Cambridge University International Surrogacy Symposium held in June 2019, as immediate past chair of the American Bar Association ART Committee, and as a popular presenter to law schools, faculty and advocacy organizations all over the world.

Elizabeth Tamayo

Elizabeth received her Bachelors of Science degree in Criminal Justice from California State University of Los Angeles. Shortly after graduating, she continued her education at the University of California, Los Angeles where she obtained her Paralegal certificate. Elizabeth is fluent in Spanish and has been in the legal field since 2009. She is excited to be a part of the IFLG Team helping families realize their dreams.

Sunny Chien

Sunny joined IFLG as a paralegal in 2017, where she manages surrogacy, egg donation and parental establishment cases for many of IFLG’s international clients. She holds a Bachelor of Arts degree in Philosophy from California State University of Los Angeles, where she graduated cum laude. Sunny is bilingual in English and Mandarin and has extensive experience as a legal assistant and paralegal at Los Angeles-area law firms. She is excited to be part of the IFLG team. In her spare time, Sunny enjoys spending time with her family and their dog, going to the beach, cooking, and being outdoors.

Los Angeles

5757 Wilshire Blvd., Suite 645

Los Angeles, CA 90036

Phone:  +1 323 331 9343



New York

501 Fifth Avenue, Suite 1900

New York, NY 10017

Phone:  +1 844 400 2016



Molly O'Brien

Fertility law attorney Molly O’Brien began working in the field of assisted reproduction technology (ART) in 2005, at an egg donation agency and a surrogacy agency where she became familiar with all aspects of in-vitro fertilization, egg donation and the financial aspects of surrogacy. Since becoming an attorney in 2011, Molly has drafted and negotiated surrogacy, egg donation, sperm donation embryo donation agreements for hundreds of her clients all over the world.