Having a baby is an exciting and life-changing experience, but for those considering surrogacy or using a gestational carrier, there are unique challenges and considerations when it comes to planning for maternity leave. In this blog post, we will discuss everything you need to know about maternity leave planning for surrogacy and gestational carriers.
First, let’s define the terms. Surrogacy is a method of assisted reproduction where a woman carries a pregnancy for another individual or couple. There are two types of surrogacy: traditional, where the surrogate uses her own egg, and gestational, where the surrogate carries a pregnancy using an embryo created through in vitro fertilization (IVF) with the intended parent’s egg and sperm.
A gestational carrier, on the other hand, is a woman who carries a pregnancy for a couple or individual using an embryo created through IVF with the intended parent’s egg and sperm. The key difference between surrogacy and gestational carriers is that the gestational carrier does not have a genetic connection to the baby.
Now, let’s dive into the details of maternity leave planning for surrogacy and gestational carriers.
1. Understanding Your Employer’s Policies
The first step in planning for maternity leave is to understand your employer’s policies. Many companies have specific policies for employees who are expecting a baby through surrogacy or using a gestational carrier. Some may offer paid leave, while others may require the use of vacation or sick days. It’s essential to know your rights and benefits as an employee and communicate with your employer about your plans.
2. Know the Legal Requirements
In the United States, there are no federal laws that specifically address maternity leave for surrogacy or gestational carriers. However, under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave for the birth of a child. This includes expecting parents who are using a surrogate or gestational carrier. It’s crucial to familiarize yourself with your state’s laws and any additional protections that may apply.

Maternity Leave Planning for Surrogacy and Gestational Carriers
3. Plan Ahead
Planning for maternity leave for surrogacy or using a gestational carrier may require more time and effort than a traditional pregnancy. It’s essential to start the planning process early, especially if you are using a surrogate or gestational carrier from another state or country. You may need to coordinate with your employer, the surrogate or gestational carrier, and any necessary legal or medical professionals to ensure everything goes smoothly.
4. Consider Your Finances
Another crucial aspect of maternity leave planning is considering your finances. If you are using a gestational carrier, you may have significant medical expenses, including IVF and prenatal care. It’s essential to budget for these expenses and factor in any lost income during your leave. You may also want to explore any available financial assistance programs or grants for surrogacy or gestational carriers.
5. Communicate with Your Surrogate or Gestational Carrier
Communication is key when planning for maternity leave with a surrogate or gestational carrier. It’s essential to have open and honest communication about each other’s expectations and needs during the pregnancy and after the birth. This may include discussing any medical complications or the possibility of an early delivery and how that may affect your leave plans.
6. Prepare for the Emotional Aspect
While planning for maternity leave, it’s essential to prepare for the emotional aspect of using a surrogate or gestational carrier. Even though you may not be physically carrying the baby, the emotional bond and anticipation of becoming a parent can be overwhelming. It’s crucial to seek support from your loved ones, a therapist, or a support group to navigate these emotions during this unique journey.
In summary, planning for maternity leave for surrogacy or using a gestational carrier requires careful consideration and communication. It’s essential to understand your employer’s policies, know the legal requirements, plan ahead, consider your finances, communicate with your surrogate or gestational carrier, and prepare for the emotional aspect. With proper planning and support, you can have a smooth and stress-free maternity leave experience while welcoming your bundle of joy into the world.