Surrogacy is a profoundly consequential arrangement. Due to the medical, legal, practical, ethical and emotional concerns involved, not all states – and not all countries – treat surrogacy arrangements the same. As a result, it may be necessary to impose some travel restrictions on a surrogate who becomes successfully pregnant.
Of course, pregnancy itself can inspire a need for travel restrictions from a medical perspective – for any pregnant person, not just surrogates – especially during the later stages. Doctors often recommend that pregnant individuals avoid long-distance travel after the 32nd to 36th week of pregnancy due to the increased risk of preterm labor.
Medical professionals may also restrict travel for surrogates experiencing high-risk pregnancies or complications, such as preeclampsia or gestational diabetes. Routine prenatal checkups are important during surrogacy, so frequent travel that disrupts medical appointments may also be discouraged.
Legal and contractual considerations
Surrogacy agreements often include specific clauses related to travel, even when such restrictions are not strictly necessary, medically speaking. These restrictions are put in place to protect the rights of the intended parents, the surrogate and the unborn child. Some common legal considerations include:
- Jurisdictional Laws: Surrogacy laws vary widely between states and countries. To avoid legal complications, surrogates may be prohibited from traveling to jurisdictions where surrogacy is illegal or unrecognized. For instance, if a surrogate travels to a state with restrictive surrogacy laws, the intended parents may face difficulties in establishing parental rights.
- Parental Rights and Birth Location: A contract may require that the surrogate remains within a specific state or region to ensure the baby is born in a location where the intended parents can easily obtain legal recognition of their parental rights.
- Travel Approvals: Many surrogacy agreements require surrogates to obtain the intended parents’ approval before traveling, especially if the trip involves leaving the state or country.
Ultimately, while surrogates are not inherently barred from traveling, they are often subject to medical, legal and contractual restrictions to protect everyone involved.