Open/Close Menu A Law Firm Dedicated to Serving Surrogates & Donors
Navigating Post-Delivery for Surrogates

What Are A Surrogate’s Legal Responsibilities After Delivery?

The legal responsibilities of a surrogate after delivery vary by state. Some states have pre-birth orders, meaning legal aspects are settled before birth, leaving little for the surrogate to do post-delivery. In states with post-birth orders, surrogates might sign documents affirming the child is not theirs. International intended parents may require additional documents for their home countries, which surrogates may need to assist with.

How And When Do Intended Parents’ Names Go On The Birth Certificate, And What Is The Surrogate’s Role?

The process for adding intended parents’ names to the birth certificate varies by state. In pre-birth order states, the intended parents’ names are typically added directly. In other states, the surrogate’s name might initially appear but get amended later. If a surrogate delivers early and the judgment isn’t ready, hospitals might default to listing the surrogate as the parent until corrected.

What Is The Typical Hospital Protocol After Delivery For Surrogates?

Hospitals generally follow pre-birth orders, allowing intended parents to assume care immediately. If the intended parents are not present, surrogates might care for the baby temporarily. Birth plans help outline expectations, including the surrogate’s role and any medical preferences. Ideally, intended parents are present to take over as soon as possible, but flexibility is needed for unexpected circumstances.

Can A Surrogate Stay In Contact With The Baby Or Intended Parents After Birth, And How Should It Be Handled?

Contracts usually allow for post-delivery contact if all parties agree. Surrogates and intended parents often remain in touch through social media, sharing updates and photos. However, direct contact with the baby requires the parents’ permission. While ongoing communication is encouraged, it’s not contractually required.

Are Post-partum Follow-ups And Medical Care For The Surrogate Typically Covered Under The Contract?

Contracts often include coverage for post-partum medical costs for a specified period, usually up to three months. This duration may extend if complications arise. Medical bills for services rendered during the agreed period are typically covered, even if they arrive later.

What Emotional Shifts Can Happen After Delivery, And How Can A Surrogate Prepare?

Emotional shifts post-delivery can include typical postpartum feelings and the unique experience of transitioning from carrying to separation. Staying in touch with intended parents can help ease this transition. Surrogates are encouraged to utilize available resources, such as mental health professionals, to navigate these emotions.

What Is The Usual Timeline For Closing Out The Escrow Account And Finalizing Payments?

Escrow accounts generally remain open for six to twelve months post-delivery to cover any outstanding medical bills. The contract specifies that intended parents are responsible for bills incurred during the covered period. Keeping the escrow open for a longer duration can ensure that all costs are managed efficiently.

What Advice Do You Give To Surrogates Preparing For The Fourth Trimester?

Surrogates should be aware that most legal matters are resolved by delivery, but emotional adjustments are common. Accessing available resources, including mental health support, is important. Recognizing the life-changing impact of their role can provide emotional comfort. Surrogates are encouraged to reach out for help and remember the positive impact they’ve made on a family’s life.

© 2022 The Surrogate's Corner