Surrogacy contracts are designed to protect the rights and responsibilities of both intended parents and their surrogates throughout the surrogacy process. One of the key considerations in these agreements is whether travel restrictions should be addressed in some way.
Travel can inspire legal, medical and logistical challenges that may impact the surrogacy process. While restricting travel may seem like an inconvenience, it is often necessary to better ensure the safety of a pregnancy and protect the intended parents’ rights.
Legal concerns
Surrogacy laws vary from state to state, and crossing state lines or traveling internationally can inspire a variety of legal complications. Some states have restrictive surrogacy laws, and if a surrogate gives birth in a jurisdiction with unfavorable legal conditions, the intended parents may face difficulties establishing their parental rights. This is especially important if the intended parents are from a state or country where surrogacy is highly regulated or not legally recognized.
Restricting travel to jurisdictions where surrogacy is legally protected can help to ensure that the intended parents’ names are properly recorded on the birth certificate and that they do not have to undergo additional legal proceedings to secure their parental rights.
Medical concerns
Traveling, especially long distances or by air, can pose health risks during pregnancy. Airlines often impose restrictions on pregnant passengers, particularly in the third trimester, due to concerns about preterm labor. Surrogacy contracts often include travel restrictions to minimize these risks. Intended parents may also prefer that their surrogates avoid travel to areas with limited medical facilities or regions where infectious diseases pose a higher risk.
While restricting travel can be necessary, contracts should also consider the surrogate’s reasonable travel needs. Seeking legal guidance can help intended parents strike a reasonable balance.