Best estimates suggest that the number of households with same-sex male couples is increasing. One option for family building by same-sex male couples is gestational surrogacy. Embryos would be generated in vitro, using the biologic father's sperm with donor oocytes, and another woman (the gestational carrier) would undergo an embryo transfer to bear a child. Conceiving via gestational surrogacy requires advance planning, not only to coordinate the oocyte donor and gestational carrier but also to comply with regulations set forth by the Food and Drug Administration (FDA). The American Society for Reproductive Medicine (ASRM) has also published recommendations for practices using gestational carriers, which, in many cases, are more stringent than the FDA regulations. This article will review the FDA regulations and ASRM recommendations and their implications for same-sex male couples who plan to conceive via gestational surrogacy.