What documents do you need before the flight?
Status as of [date], reviewed by counsel. Document requirements, issuing offices and processing times on this page are pending review by counsel.
Leaving the United States with your surrogacy baby takes four document steps and one medical step:
- Certified copies of the birth certificate. Order 5 to 10 at the county. Your passport application, your consulate and your home-country authorities may each keep one.
- Apostilles. An apostille from the Secretary of State of the state where the baby was born, for the birth certificate and the parentage order. Foreign authorities require them.
- The baby's US passport. See US citizenship and passport for the application.
- Any consular step your country requires before entry, such as registration of the birth, a DNA test or a home-country travel document.
- A pediatrician's clearance to fly, usually after the 2-week check.
Plan to stay 2 to 4 weeks in the US after the birth. Plan longer if your country requires consular DNA testing.
| Document | Issuing office | Typical processing days | Apostille needed | Who obtains it |
|---|---|---|---|---|
| Pre-birth parentage order | The court in the state of birth | Obtained during the pregnancy | Yes, for use abroad | Your attorney |
| Certified birth certificates (5 to 10) | County or state vital records office in the state of birth | [confirm with counsel] | Yes, for use abroad | You, with Jan's help |
| Apostilles | Secretary of State of the state of birth; in Illinois, the Illinois Secretary of State | [confirm with counsel] | Not applicable | You or your attorney |
| US passport | US Department of State | Expedited, or a passport agency appointment for travel within 14 days | No | You, in person |
| Consular registration, DNA test or travel document | Your country's consulate | Varies by country | Varies by country | You, with home-country counsel |
| Pediatrician's clearance to fly | The baby's pediatrician | Usually after the 2-week check | No | You |
Keep originals and copies in one folder, in the order your consulate asks for them.
What is an apostille and where do you get one in Illinois?
An apostille is a certificate under the 1961 Hague Convention that authenticates a US public document for use abroad. It confirms that the signature and seal on the document are genuine, so authorities in another Convention country accept it without further certification.
Illinois apostilles are issued by the Illinois Secretary of State. You submit the certified birth certificate and a certified copy of the parentage order, and each comes back with an apostille attached.
The office depends on where your baby is born. PLS surrogates deliver in several states, and the apostille comes from the Secretary of State of the state of birth, not always Illinois. Jan tells you which office applies before the birth.
Countries that are not party to the Hague Convention may require a different authentication process through their consulate. Confirm with home-country counsel.
Two practical points:
- Get the apostille on certified copies, not photocopies. Order enough certified copies that some can be apostilled and some kept plain.
- Ask whether your country also needs a certified translation, and in what order it wants the translation and the apostille.
What consular steps apply, country by country?
Each country decides what it needs before it lets your baby enter or recognizes you as the parents. Common steps include:
- Registration of the birth at your consulate in the US.
- A DNA test, arranged through or accepted by your consulate, to confirm a genetic link to at least one parent.
- A home-country travel document or passport, if your country will issue one in the US.
- Recognition of the parentage order in your home country, sometimes after you return.
Which steps apply depends on your country and your family; this page does not summarize individual countries until counsel has reviewed them.
Plan these with your home-country counsel before the birth. Ask your consulate for its document list in writing, and ask how long its appointments are booking out. Where DNA testing is required, it lengthens the stay.
For the country overview, see surrogacy in the USA for international parents.
When is a newborn cleared to fly?
Your baby's pediatrician decides. Clearance usually follows the 2-week check, once the pediatrician is satisfied the baby is healthy enough to travel.
If the baby is in the NICU, departure waits on medical clearance. A premature or sick baby may need weeks longer. That is where newborn insurance matters. Your baby is not covered by the surrogate's health plan. See newborn insurance for international parents.
Before you book flights, confirm with the pediatrician what date they expect to clear the baby, and book a fare you can change.
What do airlines require for a newborn?
Airlines set their own rules for newborns, including minimum age to fly and any medical clearance letter. Check with your airline before booking.
What to ask your airline:
- What is the minimum age for a newborn to fly?
- Do you require a letter from the pediatrician, and in what form?
- Is a bassinet seat available on long-haul flights?
- Does a lap infant need its own ticket on an international flight?
Carry the baby's US passport, a copy of the birth certificate and the parentage order in your hand luggage, not in checked bags.
What happens with the surrogate's hospital discharge and the baby's discharge?
With a pre-birth order in place, the hospital discharges the baby to the legal parents. PLS gives the hospital the order and a birth plan before delivery, so staff know who you are before labor begins.
Hospitals require a car seat for discharge. Buy or rent one before the due date, and know how to install it.
The surrogate is discharged separately, on her own medical timeline. She may go home before or after your baby. Her case manager, Natalie Gaudio-Fricano or Jenni Symons, stays with her through delivery and her recovery. If she chooses to pump, her pumping support continues under your agreement.
You will need a US address for some applications. A short-term rental address is enough for passport applications in most cases; counsel confirms.
What does PLS coordinate in the exit weeks?
Jan Telman Berman, PLS's Global Surrogacy Coordinator, coordinates the exit sequence with your home-country counsel. In practice that means:
- Before the birth: a written document plan for your country, the apostille office for the state of birth, and the hospital's copy of the order and birth plan.
- In the first week: tracking the birth certificate and ordering certified copies.
- In weeks two and three: the passport appointment, the apostilles and the consular steps your country requires.
- Before departure: confirming the pediatrician's clearance and that every document is in hand.
Things rarely go exactly to plan. PLS's after-hours team once rebooked a stranded surrogate's hotel, car and flight while another PLS surrogate was delivering twins. When a flight moves or a document arrives late, you call PLS.
For timing your arrival around the due date, see travel and birth timing.
Sources
- Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention).
- Illinois Secretary of State, apostille and authentication services. Processing times pending confirmation.
- US Department of State, passport services. Pending review by counsel.