Maternity/Pregnancy Leave: How It Applies to Surrogates and Intended Parents

Maternity and pregnancy leave policies in the context of surrogacy will depend largely on the state and the employer.  It is essential to check the specific laws and regulations in the relevant jurisdictions for both the surrogates and the intended parents, as well as any policies that have been established by the employer.

Here are some general considerations:

Intended Parent’s Leave

In surrogacy when the intended parents are not the parties who have given birth, they may still be eligible for parental leave after the birth of the child (regardless of whether they are biologically related to the child) based on the state or jurisdictions they live in and the company they work for.  Employers may have their own policies regarding parental leave.  Some employers offer specific benefits and accommodations for employees involved in surrogacy, while others may not have policies addressing surrogacy. 

Surrogate’s Leave

The gestational carrier may be eligible for maternity leave depending on location and the company they work for.  The length of the leave that the surrogate is eligible for is also going to depend on location, employment situation, and the legal agreement between the surrogate and the intended parents.  As the pregnant person, the surrogate may also be eligible for disability as it is related to pregnancy.  If the surrogate experiences medical complications due to the pregnancy as a result of the surrogacy process, she may be eligible for disability leave.  This depends on if she carries a short-term disability policy and local laws (as some states have coverage for this even if no std policy is carried).

Legal Protections

Some jurisdictions have laws that protect the rights of employees that need to take maternity or parental leave.  These laws may apply (depending on jurisdiction) to both biological and non-biological parents.  The intended parents may need to provide documentation, such as a surrogacy agreement or legal parentage order to qualify for leave.

Communication with Employers

It is crucial whether intended parent or surrogate to communicate with their employers during the process.  The main benefit to doing this is finding out what type of leave policies regarding maternity and parental leave they offer.  Discussing plans for maternity or parental leave, understanding company policies, and providing any necessary documentation can help ensure a smooth transition after the child is born.

Paid Leave

In the United States, some states have made paid maternity leave or paid family bonding leave available and they are covered under that state’s benefits. 

These states include California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Washington, and Washington D.C.  You can access more information by visiting the website that is listed to review further details on each specific state’s program.

There may be specific rules in these states to utilize this benefit and may not include all employed individuals that live in that state, so it is crucial you do more research on your state’s benefits, exclusions, wage replacement, and maximum weekly benefit available.

Surrogacy laws and policies are highly variable and since it does depend so much on local laws, it is advisable to review local employment laws to fully understand the rights and options that are available to the parties that are involved in surrogacy or speak with a legal professional specializing in reproductive law in your state.