Out of State Arrangements

In some US surrogate arrangements you may need to plan for an out of state birth. Usually this is due to unfavorable surrogacy laws in the surrogate’s state regarding who appears on the birth certificate and/or transfer of parentage.

If a natural birth, then being in the state where the delivery occurs ahead of time is key. Consider your surrogate’s past delivery history and obtain feedback from your surrogate’s obstetrician.

  • Will your surrogate travel interstate for the delivery alone, with her partner and/or her own children? Has she considered the emotional toll this could take?
  • What sort of daycare or School provisions will need to be arranged for your surrogate’s children? Has care of pets been considered?
  • If your surrogate’s partner is travelling interstate for the birth, what expectations are there for any lost wages, daycare costs, hotel costs, food, travel, etc.
  • The possibility of pre-term labor/ complications requiring Pre-term delivery
  • Will you plan to go to the state of choice at the onset of pre-term labor and wait?
  • how will your surrogate feel being away from her family for an extended period?
  • How will in affect her emotionally?
  • How will your surrogate’s family cope without her?
  • Can you get time off work for this possibility?
  • Will you forgo the previous plan and have your surrogate stay home for delivery?
  • What are the implications for the birth certificate and legal transfer?
  • Will it just be a matter of more time and money to sort out?
  •  Have you discussed with your surrogate?
  • Consider the safety issues when deliberating these options

Complications with Delivery

  • What if your surrogate needs to stay for an extended period in hospital after delivery.
  • Will their significant other and/or children stay with her the entire time?

How will your surrogate return home? fly home, drive, take the train?

Planning an out of state delivery can be overwhelming and stressful. It is important that all these issues are addressed prior to committing to a match where an out of state delivery may be required.