Out-of-State Surrogacy Relationship Tips

May 8, 2025

Sometimes, a surrogacy journey may lead you down the path towards an out-of-state surrogacy. Reasons for out-of-state surrogacy relationships can range from varying state to state surrogacy laws to simply finding the right match elsewhere. Whatever the reason may be, it is highly important for anyone possibly embarking on an out-of-state surrogacy to consider some crucial points. Before making the final decision to move forward with an out-of-state surrogacy arrangement, be sure to think about and openly discuss the following points:

  • Delivery preferences. One of the very first points to consider when deciding if an out-of-state surrogacy is the right path for you is how you would like to plan for the delivery together. Will it be an induced labor or will it begin naturally? In both scenarios, being in the state where the delivery must occur is key. Think about when you should plan to be in the state and speak with your physicians and surrogacy agency to help make an informed decision.
  • Preterm labor. What will your plan be in the event of preterm labor? While it is not the most pleasant topic, it is very important to discuss the possibility of unexpected complications that could call for immediate delivery. Consider the safety issues and determine if you would prefer the surrogate to travel or deliver locally in the event of a premature delivery. You may want to research whether changes of plans caused by unforeseen issues could cause problems with the birth certificate or legal records. Your agency and attorney will be able to help answer these specific questions.
  • Birth plans. Who will attend the birth? You will need to make travel plans for your family and take into consideration whether you and your spouse will acquire lost wages for time away from work. You may also want to look into transportation fees if applicable, as well as childcare if you are required to stay away from home for an extended period of time.

Although working with an out-of-state surrogate requires a little more planning than working with an in-state surrogate, partnering with a trusted surrogacy agency can help make the process as smooth and stress-free as possible. 

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