Being A Surrogate In A Different State


Unfortunately, gestational surrogacy agreements are not valid in all 50 states. Lawyers and agencies will only agree to work with a surrogate if she lives in a surrogacy-safe state to ensure her own safety, legally and physically. The intended parents do not have to live in a state that allows surrogacy. Both parties’ surrogacy attorneys can go into detail about what laws specifically apply to the intended parents and surrogate’s journey. Here is what to expect as a surrogate living in a different state than your intended parents.

Travel to An Out Of State Clinic

A surrogate can expect to travel out of state twice to the intended parents’ preferred IVF clinic—the first time for medical screening (if you are in a committed relationship you will also have to bring your partner) and the second time for embryo transfer. 10-12 weeks after a successful IVF procedure, a surrogate can transfer to her own OB and continue her appointments there. Intended parents may want to travel with their surrogate to attend ultrasound milestones. In most cases, additional appointments and tests during the IVF process can be done at a local lab or facility closer to the surrogate. While this is very common, it cannot be guaranteed for every case so please be sure you are comfortable with the distance to the IVF clinic.

Scheduled Virtual Communication

Throughout surrogacy, most communication will be through emails, phone calls, and video chats. This is not special to interstate surrogacy. When you work with GSHC Surrogacy, we will have a dedicated caseworker help you and your intended parents establish a contact schedule that considers both parties’ schedules and timezones.

Hospital Plan

A surrogate typically gives birth in a hospital close to her. In fact, the hospital may even be the one where she delivered her other children. Your GSHC case manager will help you create a hospital plan that includes what types of procedures and aids you will have during the birthing process, who is allowed in the delivery room, and specifics about your intended parents’ lodging accommodations and hospital visitations.

Prepare For Baby Coming Early

However, all parties involved should be prepared for anything. Usually, the intended parents will arrive in the surrogate’s home state a few days before the due date to be present for the birth. In the event that the baby comes early, the intended parents may not be able to make it as soon as the baby arrives. So you, your GHSC representative, and your surrogacy lawyers may also need to prepare for that possibility.

Being a surrogate living in a different state than your intended parents is not impossible. The two parties must be mindful of state laws, communication, and additional travel requirements when navigating their surrogacy. If you’re ready to begin your surrogacy journey, please contact us at GSHC Surrogacy to apply!