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Working with international intended parents: a guide for agencies

Many US agencies serve intended parents from abroad: from countries where surrogacy is restricted, or where they simply want the legal clarity some US states offer. These journeys need everything a domestic journey needs, plus home-country law, translation, time zones, travel and the documents a newborn needs to fly home.

Short answer: Serving international intended parents well means planning for five extra things from the first consultation: home-country law (they need a lawyer at home as well as a US attorney, because recognition of parentage and citizenship differs by country), language and time zones (communication in their language and updates they can read on waking), embryos and the clinic (creating or shipping embryos to a US clinic), travel (visas and plans for the transfer if needed, the birth, and weeks after it), and exit documents (the baby's birth certificate, passport or travel document, and any home-country registration). The agency coordinates; the lawyers advise.

General information, not legal advice. Surrogacy and donation law differs by state and country and changes often. Agencies should work with an experienced assisted reproduction attorney, and every surrogate, donor and intended parent should have independent legal counsel.

Why international families come to US agencies

Surrogacy laws vary enormously between countries. Some prohibit it, some allow only altruistic arrangements, some limit it to certain families, and some offer little legal clarity. Many intended parents look to US states with established surrogacy law and courts that issue parentage orders. That brings families from across Europe, Asia, Latin America and beyond, many of whom speak English as a second language or not at all.

Home-country law first

The most important question for an international family is not US law, it is whether their own country will recognise them as the child's parents and let the child come home. Some countries recognise a US parentage order or birth certificate; some require a further court process, an adoption or a genetic test; a few may treat a surrogacy arrangement as unlawful even when it took place abroad. Before they match, they should have advice from a lawyer in their home country who understands cross-border surrogacy, and from a US assisted reproduction attorney. The agency should not answer these questions itself, but should make sure they have been asked.

For US citizens having a child abroad, the reverse applies, and the US State Department publishes guidance on citizenship through assisted reproduction.

Language and time zones

Embryos and the clinic

Some international families create embryos at a US clinic, which means at least one trip; others ship embryos from a clinic at home. Shipping involves both clinics, a specialist courier, import and export rules, and FDA donor eligibility requirements in some cases, so it should start early and be coordinated by the clinics. The agency tracks the steps and dates.

Travel and the birth

Documents to go home

After the birth, the family usually needs the US birth certificate (naming them, where the parentage order allows), the baby's passport or travel document, and whatever their home country requires to register the birth and recognise parentage, sometimes at a consulate. Children born in the United States are generally US citizens by birth, which affects which passport is issued first; families should ask their lawyers how this interacts with their home country's nationality law. Timelines vary, so the agency should keep a document checklist per family from the start.

Questions for the first consultation

Write the answers on their record. They shape the match, the legal plan and the travel plan.

How SurroHub helps

SurroHub was built for journeys that cross borders and languages.

Want the facts in one place? SurroHub by the numbers: what it is, who built it, and what agencies run on it today.

Sources: US Department of State, Assisted Reproductive Technology (ART) and surrogacy abroad.

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Frequently asked questions

Can international intended parents use a US surrogacy agency?

Yes, many do. They should get advice from a lawyer in their home country as well as a US attorney, because recognition of parentage and citizenship differs by country.

What documents does a baby born through US surrogacy need to go home?

Usually a US birth certificate, a passport or travel document, and whatever the home country requires to register the birth and recognise parentage. Lawyers in both countries should advise.

How long do international intended parents stay in the US after the birth?

Often several weeks, while the birth certificate, passport and any consular documents are processed. It varies by country and case.

Can embryos be shipped to a US clinic?

Often, yes, through the two clinics and a specialist courier, subject to import, export and FDA rules. It should be started early.

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