What is the rule on smoking, vaping and cannabis?
No smoking, no vaping and no drug use, including cannabis. Private Label Surrogacy requires surrogates to be non-smokers and non-vapers, free of all drug use, even in states where cannabis is legal. The rule covers the whole journey, not only the application.
It covers every form: cigarettes, cigars, vapes and e-cigarettes, cannabis flower, vape cartridges, edibles and CBD products. It is one of the core surrogate requirements, and the reason is medical.
| Substance | PLS rule | Clinic test | Required clean period |
|---|---|---|---|
| Cigarettes | Not allowed | Nicotine screen at medical screening | At least 3 to 6 months before screening at most clinics |
| Vapes and e-cigarettes | Not allowed | Nicotine screen at medical screening | At least 3 to 6 months before screening at most clinics |
| Nicotine replacement (patch, gum, pouches) | Not allowed during the journey | Shows on a nicotine screen | Same as cigarettes |
| Cannabis, any form | Not allowed, even where legal | Drug screen at medical screening; may be repeated during the cycle | At least 3 to 6 months before screening at most clinics |
| CBD | Not allowed during the journey | Products can contain THC, which shows on a drug screen | Stop before screening |
| Alcohol | Prohibited from medication start through delivery; a history of alcohol abuse is disqualifying | Reviewed in the psychological evaluation | From medication start |
| Prescription opioids | Misuse is disqualifying; a short prescribed course is reviewed with your records | Drug screen at medical screening | Set by the clinic |
Does it matter that cannabis is legal in Illinois?
No. Cannabis is legal for adults in Illinois and in a number of other states. Legal and safe in pregnancy are different questions. Alcohol is legal too, and no clinic would accept a surrogate who drinks through a pregnancy.
Fertility clinics test for cannabis at medical screening wherever you live, and a positive test ends the match. PLS sets its rule where the clinics set theirs, so you do not spend months in screening only to be declined at the clinic.
What do ACOG and the CDC say about cannabis in pregnancy?
ACOG, the American College of Obstetricians and Gynecologists, and the CDC both advise against cannabis use in pregnancy.
THC, the active compound in cannabis, crosses the placenta and reaches the baby. Research links cannabis use in pregnancy to low birth weight and to effects on the baby's developing brain. Smoking cannabis also brings the same combustion products as tobacco smoke.
Nicotine has its own risks. Whether it comes from a cigarette or a vape, nicotine narrows blood vessels, including the ones that feed the placenta. That raises the risk of placental problems, poor growth and preterm birth. These are risks to the pregnancy and to you.
How and when are surrogates drug tested?
Nicotine and drug screens are part of the clinic's medical screening. The clinic may test again during the medical cycle, before transfer. A positive test ends the match.
That last point matters. A match is weeks of work for you and for the intended parents: a contract, an escrow account, travel plans and a medication calendar. A single positive test undoes all of it. If you are unsure whether something you have used will show up, stop now and say so on the prescreen. See medical screening for the other tests the clinic runs.
How long do you need to be nicotine and cannabis free?
Most clinics want you nicotine and cannabis free for at least three to six months before screening. Cannabis in particular can stay detectable for weeks in someone who used it regularly, so a recent stop can still produce a positive test.
If you have used either recently, be exact about the date you stopped. Your case manager can then time your screening so the test reflects where you are now. Quitting is something to do with support. Talk with your own doctor about quitting safely.
Are CBD, edibles and nicotine patches allowed?
No. CBD is prohibited during the journey. CBD products are not regulated the way medications are, and many contain THC even when the label says otherwise. That THC can show on a drug screen and reach the pregnancy.
Edibles are cannabis in another form. They carry the same THC and the same rule.
Nicotine patches, gum and pouches are not allowed during the journey, because they deliver nicotine and show on a nicotine screen. They can be part of a plan to quit before you apply, but the clean period counts from the day you stop all nicotine.
Does your partner's smoking matter?
It can. Secondhand smoke in the home is reviewed at screening. Many intended parents ask for a smoke-free household, because secondhand smoke carries some of the same risks to a pregnancy as smoking does.
If your partner smokes, the simplest answer is that it happens outside and away from you, or not at all. Tell PLS on the prescreen so the question is answered before matching, not during it. Every adult in your household also goes through a background check.
If you are nicotine and cannabis free and meet the other requirements, start at See if I qualify. If substance use is one of several questions in your history, read what disqualifies a surrogate first.
Sources
- ACOG (American College of Obstetricians and Gynecologists), guidance on marijuana use during pregnancy and lactation. acog.org
- CDC (Centers for Disease Control and Prevention), information on cannabis, tobacco and e-cigarette use in pregnancy. cdc.gov
- ASRM (American Society for Reproductive Medicine), recommendations for practices using gestational carriers. asrm.org