At the Hospital
With a pre-birth order in place, hospital staff will recognize you as the baby's legal parents from the moment of birth. You'll be involved in all newborn care decisions, the baby will be placed in your care, and your names will appear on the birth certificate. Plan your hospital logistics in advance: confirm with hospital administration that the PBO has been received, arrange the room situation with your surrogate, and know the hospital's policies on visitors and discharge.
The Birth Certificate
In states with PBOs, the birth certificate is issued with intended parents' names directly — no surrogate's name appears. In states requiring post-birth proceedings, the initial birth certificate may list the surrogate and/or her husband, with an amended certificate issued after the parentage proceeding. Your attorney will handle the filing timeline and ensure you receive the corrected certificate promptly.
Post-Birth Legal Steps (If Applicable)
If your delivery state required a post-birth parentage proceeding rather than a PBO, your attorney files the parentage petition within days of the birth. The timeline varies by state — from a few weeks to a few months. Until the order is finalized, carry documentation of your legal status when traveling with the baby.
Going Home
Once the baby is medically cleared for discharge, you take your baby home. If you traveled to deliver in a different state, you'll need the birth certificate (or interim legal documentation your attorney provides) to travel. For international intended parents, your attorney coordinates the additional documents needed for the child's passport and travel.
Your Surrogate's Recovery
Your surrogate will typically stay in the hospital for 1–2 days (vaginal delivery) or 2–4 days (C-section). Final compensation payments and post-delivery allowances are disbursed from escrow during this period per the GCA. Sending a gift or note expressing gratitude is meaningful — though what ongoing relationship, if any, you maintain is entirely up to both parties and what you've agreed to.
Your Ongoing Relationship
Many intended parents and surrogates maintain a warm ongoing connection — sharing updates, photos, or occasional visits. Others prefer a quieter post-journey relationship. The right approach is whatever both parties genuinely prefer, and it's worth having an honest conversation about expectations during the journey itself rather than after the birth.
The birth is the culmination of your journey — and the beginning of everything else. Take the moment to be fully present with your new family.