Surrogacy Post-Birth Considerations: A Comprehensive Guide for Both Surrogates and Intended Parents

Posted on: May 15th, 2024
cheerful gynecologist looking at pregnant woman with her partner, in vitro fertilizing concept

Surrogacy is a profound journey not just to birth but beyond, encompassing complex emotional, legal, and health aspects that continue to resonate long after the baby arrives. Understanding these post-birth considerations is crucial for both surrogates and intended parents to ensure a smooth transition into this new chapter of life. 

It’s important to understand that surrogacy laws vary significantly across the United States, with each state having its own set of rules and regulations governing the process.

Find out more about this process in the following paragraphs.

Health and Well-being in Surrogacy: How Can Surrogates and Intended Parents Address It

What Surrogates Should Know During the Post-Birth Phase

Health and well-being in surrogacy are critical, particularly post-birth, as surrogates navigate the recovery from childbirth and the psychological adjustments needed after parting with the baby. Addressing the physical and emotional needs of surrogates is essential to ensure their overall health and satisfaction with the surrogacy process.


surrogates require comprehensive postnatal care. Regular medical check-ups are crucial, as they allow healthcare professionals to monitor the surrogate’s recovery, manage any post-delivery complications, and ensure that the surrogate's body is healing properly. This care may include managing pain, monitoring for signs of postpartum depression, and addressing any issues related to lactation and hormonal adjustments.


surrogates may encounter complex emotions after childbirth, feeling relief, pride, and sadness upon parting with the baby. It's essential to provide continuous psychological support to help them process these feelings, with counseling and support groups playing crucial roles. These resources not only help surrogates cope with feelings of loss but also reinforce the positive impact of their contribution to another family's life.

Legal Considerations:

surrogates should establish a Surrogacy Contract with the intended parents. This agreement defines everyone's roles and responsibilities, ensuring clear expectations are set. Such legal frameworks support the emotional well-being of all parties involved, facilitating a smoother transition through the surrogacy process.

What Intended Parents Should Know During the Post-Birth Phase

Intended parents require guidance specifically designed for surrogacy situations:

Emotional Preparation for Parenthood:

Intended parents need to prepare for the emotional journey of surrogacy, including managing expectations and dealing with common emotional responses such as anxiety or guilt and get familiar with strategies for strengthening the parental bond with the child right from birth.

Legal Rights and Responsibilities:

Detailed discussions on the legal aspects of surrogacy are key, including understanding parental rights, the legal process of establishing parentage, and the implications of surrogacy agreements. This ensures that intended parents are well-informed about their rights and the legal framework supporting their new family.

Communication with Surrogates:

Effective communication with the surrogate before, during, and after the pregnancy is crucial. Workshop sessions can teach communication skills that help maintain a positive and respectful relationship with the surrogate, ensuring that all parties' expectations and boundaries are clearly understood and respected.

Explaining Surrogacy to Children and Others:

This helps parents plan how they will talk about surrogacy with their existing children, family members, and social circles. It includes tips on age-appropriate explanations for children and advice on handling potentially difficult questions from outsiders.

Further Challenges Faced by Surrogates and Intended Parents

Surrogates often face social stigma stemming from misunderstandings or cultural attitudes towards surrogacy. This stigma can manifest as judgment from peers, family, or broader society, which may question their motivations or the ethical implications of their decision to carry a child for someone else. 

For intended parents, beyond the initial adjustment and the first steps in embracing parenthood, the journey may involve significant long-term planning, particularly concerning how and when to discuss surrogacy with their child. This includes preparing for conversations about genetic origins and explaining why and how they chose surrogacy as their path to parenthood. 

A robust support network and counselors to help both parties to navigate these social challenges effectively is crucial. Comprehensive resources like our detailed guide on the surrogacy process here can help.

Navigating Post-Birth Tranquility: The Importance of Proper Legal Follow-Up

General Overview of Legal Considerations in Surrogacy

Before surrogate mothers give birth, all parties to the surrogacy will work with her local hospital to create a delivery plan. In most hospitals, you will be able to be present during the birth of your child. The medical professionals there will understand your surrogacy situation and appropriately refer to the right parties during the delivery process. If any legal confusion arises, your surrogacy attorneys will support you, as well as any other surrogacy professionals you have if you are working with an agency or program.

Understanding the legal framework in Georgia and North Carolina is crucial for both surrogates and intended parents. This encompasses rights, responsibilities, and protections under state-specific surrogacy laws.

Importance of Consulting Legal Professionals for Specific Advice

Consulting legal professionals who specialize in surrogacy law is absolutely necessary for navigating this complex legal landscape effectively. Their expertise helps to manage every detail from contractual agreements to parental rights, mitigating risks of future legal complications. This level of specialized legal counsel is vital not only for drafting clear, enforceable contracts but also for ensuring that these agreements are aligned with the latest state and federal laws, which can vary significantly and change over time. 

All of these aspects provide ease, clarity, and support in the post-birth stage, ensuring surrogates have a fulfilling experience and enabling intended parents to focus on bonding with their newborn, while legal matters are expertly handled.

Final Recommendations for Surrogates and Intended Parents

Following a set of recommendations Surrogates and Intended Parents can go through the process with easiness:

Seeking Guidance and Support from Experienced Professionals and Support Networks

Leveraging the expertise of professionals and the support of community networks can greatly enhance the surrogacy experience in many ways:

Establishing connections within these groups helps build lasting relationships that can provide ongoing support and companionship. 

We encourage surrogates and intended parents to approach this journey with open hearts and minds, supported by the right resources and professional guidance. For more personalized support and legal advice, please contact us.