I believe you can but your partner may have to adopt the baby. I went through this in NJ. We had our child when we lived in PA which has nothing for gay couples. We moved to NJ and I adopted our child, not necessarily for the last name part. In fact we kept our daughters last name the same. I did it for any legal benefits for her and my partner and I. NJ is pretty gay friendly. She will now always be entitled to any benefits of mine because she is legally mine, although she was from the beginning. I would recommend
adoption for the non conceiving mother. I think it benefits everyone involved.
