It is curious, then, that Lambda Legal seems to disagree with this claim that gestational surrogacy is simply a service and as such entails no parental claims. Two Lawyers at Lambda Legal write in The Guardian:
"The states that continue to fight these families in court argue that birth certificates are a proxy for biology, and that the members of a same-sex couple can’t both be biologically related to their child. (This is technically false, as an increasing number of lesbian couples use reproductive technology where one mother carries the pregnancy and the other donates the egg. [emphasis mine])"No one would argue that by feeding or minding a baby a wet nurse or a babysitter becomes biologically related to it. No one. It appears that Lesbian couples are using gestational surrogacy so that both women in the relationship can have biological ties to the child whereas gay couples (and, yes, yes, I know, I KNOW, opposite-sex couples AS WELL) use gestational surrogacy for exactly the OPPOSITE REASON, so that the surrogate will have NO BIOLOGICAL TIES and, hence, no claim to parentage. How this is NOT a contradiction, I do not know. But what do I know? I'm a benighted bigot.