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Intended parents: process

What is a surrogacy birth plan and what should it include?

The short answer

A surrogacy birth plan is a written document, prepared around 28 to 32 weeks, that tells the delivery hospital who the intended parents are, who may be in the delivery room, who makes medical decisions for the surrogate and for the baby, how the baby will be fed, and where the baby and parents will room after delivery. The surrogate keeps authority over her own body and labor; the intended parents hold decision-making for the baby from birth, supported by the pre-birth order. At Private Label Surrogacy your case manager starts the birth plan with you, the surrogate and the hospital, and sends the pre-birth order and plan to the hospital's social work or legal office before 36 weeks.

Written by Jenni Symons

Case Manager. Gestational surrogate in 2019 and 2021.

Medically reviewed by Mark Silverberg, MD

Last updated

What does a surrogacy birth plan include?

A surrogacy birth plan is a short written document that tells the delivery hospital how this birth differs from an ordinary one. Hospital staff read it at admission, often in the middle of the night, so it should be clear and specific.

A complete plan covers:

Your PLS case manager drafts the plan at about 28 to 32 weeks, with you, the surrogate and the hospital.

Item Who decides Deadline
Labor, pain relief, delivery method Surrogate, with her OB Draft by 28 to 32 weeks
Who is in the delivery room Surrogate, within hospital policy Draft by 28 to 32 weeks
Who holds the baby first; cord cutting Intended parents, with the surrogate's agreement Draft by 28 to 32 weeks
Newborn medical care Intended parents, with the pediatrician Draft by 28 to 32 weeks
Feeding plan and pumping Intended parents and surrogate together Draft by 28 to 32 weeks
Rooms after delivery Hospital, based on availability Requested when the plan is filed, before 36 weeks
Visitors and photos Each side for its own room; shared moments by agreement Draft by 28 to 32 weeks
Filing with the hospital Case manager and attorneys Before 36 weeks

Who decides what during labor and after birth?

The line is simple. The surrogate decides everything about her own body. You decide everything about the baby.

During labor, that means her pain relief, her position, whether to accept an induction and every other medical choice about her care. Her OB advises her. You do not have a vote, and a good birth plan says so plainly so no one in the room is confused.

From birth, decisions for the baby are yours. That includes newborn exams, any NICU care, feeding and anything the pediatrician recommends. The pre-birth parentage paperwork is what gives the hospital the legal basis to treat you as the parents from the moment of birth. Reviewed by counsel. See the pre-birth order.

Most of the plan is a conversation, not a negotiation. By the third trimester you and the surrogate know each other well. The plan writes down what you have already agreed.

Who can be in the delivery room?

The surrogate decides, within hospital policy.

Many surrogates want the intended parents present. Some prefer their own partner and one intended parent. Hospitals often limit how many support people are allowed, so ask about the policy early. A cesarean is usually more restricted than a vaginal birth.

Write down both scenarios. If only one support person is allowed in an operating room, the plan should say who that person is. Settling it at 30 weeks is much easier than settling it at 2 a.m.

How is the hospital informed and when?

In two stages.

First, your case manager contacts the hospital while the plan is in draft. Many hospitals route surrogacy births through the social work office or the legal or risk management office. That office explains its own forms, its rooming policy and how it handles the birth certificate.

Second, the finished plan and the pre-birth parentage paperwork are filed with that office. PLS sends both to the hospital before 36 weeks. Confirm the week at which PLS files the plan. Filing early matters because babies do not always wait for the due date. About one baby in ten in the US is born before 37 weeks, according to the CDC.

The surrogate also brings a copy to admission, and so do you.

What happens if the baby arrives early or by emergency C-section?

The plan should already cover it.

If the baby comes early, the paperwork is the first concern. If it was filed before 36 weeks, the hospital has it. If not, your case manager and attorney get it there the same day. A premature baby may go to the NICU, and NICU decisions are yours as the parents.

If the surrogate needs an emergency cesarean, her medical team decides, quickly. Operating-room rules about support people usually apply. The plan should say who goes in with her, and who waits for the baby. Afterward she needs a longer recovery, and her own support person should stay close.

In both cases, your case manager is your first call. She keeps both families informed and handles the hospital's questions.

How do international parents handle the birth plan?

The same plan, with three additions.

A federal executive order dated August 6, 2026, on citizenship for children born through compensated surrogacy to two non-citizen parents is under litigation. Status as of [date], reviewed by counsel.

For the days in hospital and after, see hospital and delivery and bringing your baby home.

Sources

Frequently asked questions

Who makes decisions during labor?

The surrogate, for anything about her body and labor. The intended parents make decisions for the baby from birth.

When should the birth plan be finished?

Draft by 28 to 32 weeks and filed with the hospital with the pre-birth order before 36 weeks.

Can both intended parents be in the delivery room?

Often yes, subject to the surrogate's wishes and hospital policy, which usually limits support people; this is agreed in the birth plan.

Who starts the birth plan?

Your PLS case manager, with you, the surrogate and the hospital.