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Intended parents: process

What happens at the hospital when your surrogate delivers?

The short answer

When your surrogate delivers, the hospital follows the birth plan and pre-birth order on file: the baby is handed to you or placed with you after initial checks, and whenever possible the hospital provides a separate room for you and your baby while the surrogate recovers in her own room. A typical stay is 1 to 2 days after a vaginal birth and 2 to 4 days after a cesarean. You sign the birth certificate worksheet as parents under the pre-birth order, the pediatrician sees the baby within 24 hours, and discharge requires your own car seat and the newborn's insurance information. Travel home is usually possible 3 to 7 days after birth; international parents wait for passport documents.

Written by Jenni Symons

Case Manager. Gestational surrogate in 2019 and 2021.

Medically reviewed by Mark Silverberg, MD

Last updated

What should you bring and when should you arrive?

Plan to be within a short drive of the hospital in the final weeks of the pregnancy. Labor can start early, and some labors move fast. If you are flying in, talk with your surrogate and her OB about timing, and leave room for the baby to arrive before the due date.

Bring:

When labor starts, the surrogate or her partner calls you and your PLS case manager. Go when she asks you to. Some surrogates want parents there from early labor. Others want privacy until close to delivery. The birth plan says which.

What happens in the hours after birth?

The delivery team checks the baby first. Then, as the birth plan sets out, the baby is handed to you or placed with you. Many parents hold their baby skin to skin within minutes.

In the first hours:

The pediatrician sees the baby within 24 hours.

Where does the baby stay, and where does the surrogate stay?

The baby stays with you. The surrogate recovers in her own room.

Whenever possible, the hospital gives you and your baby a separate room. That depends on availability, so ask during pre-birth contact with the hospital, and ask again at admission. If no room is free, ask the hospital how it will keep you close to your baby.

Separate rooms give each of you what you need. You can learn to feed and change your baby. She can rest and recover with her own family around her. Most surrogates welcome visits from you and the baby while she is in hospital. Ask her.

How are the birth certificate and parentage handled at the hospital?

Before you leave, the hospital asks for the information that goes on the birth certificate. You complete it as the baby's parents.

When a pre-birth parentage order or certification has been filed, as Illinois law allows, the intended parents are named on the original birth certificate and the surrogate has no parental rights or obligations. No adoption follows. Reviewed by counsel. See the pre-birth order.

If anyone at the hospital is unsure how to complete the forms, call your attorney and your case manager before you sign anything.

How long is the hospital stay and what does discharge require?

A typical stay is 1 to 2 days after a vaginal birth and 2 to 4 days after a cesarean. Confirm with Dr. Silverberg. The surrogate and the baby may be discharged on different days.

Stage What happens Responsible party
Before arrival Pre-birth paperwork and birth plan filed with the hospital; pediatrician chosen; newborn insurance arranged; car seat installed Attorneys and case manager; intended parents
At birth Baby checked, then handed to or placed with you; surrogate cared for by her team Delivery team
Day 1 Separate room requested; pediatrician exam within 24 hours; birth certificate information completed Hospital; intended parents
Discharge Car seat check; newborn insurance confirmed; follow-up pediatric visit booked Intended parents; hospital

Discharge for the baby usually requires a pediatric exam, a car seat, and a follow-up visit with a pediatrician a few days later. Travel home is usually possible 3 to 7 days after birth; international parents wait for passport documents. Confirm with Dr. Silverberg. See bringing your baby home.

What if the hospital staff are unfamiliar with surrogacy?

It happens, especially at smaller hospitals or with a night shift that has not read the file. Staff may address the surrogate as the mother or bring the baby to her room.

Three things prevent most problems:

What does the surrogate need from you in the first days?

She has just given birth. She needs rest, recovery and respect.

She also has contractual support after birth: her final payments, recovery support and lost wages during recovery, all paid from escrow. For how her coverage is checked before match, see surrogate health insurance.

The days after birth set the tone for what follows. See your relationship after birth.

Sources

Editor notes (A-011): Hospital stay and travel-home ranges are general obstetric norms; confirm with Dr. Silverberg.

Frequently asked questions

Does the baby stay with us or with the surrogate?

With you. Hospitals that follow the birth plan room the baby with the intended parents whenever a room is available.

Can the surrogate see the baby?

Yes, if she wishes; this is agreed in the birth plan. Most PLS surrogates choose to.

Whose name goes on the birth certificate?

The intended parents', when a pre-birth order has been issued, as Illinois law allows.

What does the hospital need before delivery?

The pre-birth order, the birth plan, your pediatrician's name and the newborn's insurance details.