A 9-to-5 Guide for Employed Surrogates: How Does Surrogacy Work Legally?
October 3, 2025
The legal side of surrogacy is one of the most important, but also potentially one of the most overwhelming parts of the journey. It protects everyone involved, ensures expectations are clear, and gives you the security to focus on what really matters: a healthy pregnancy and a positive experience. So, when considering surrogacy, it’s natural to wonder, “How does surrogacy work legally?” especially if you’re working 9 to 5 while preparing for a 9-month pregnancy.
Deep breaths. With the right guidance, agency support, and a clear understanding of your legal protections, you can feel empowered to balance your career and surrogacy path with confidence.
Legal Protection for Surrogates
Every surrogacy journey begins with a surrogate agreement, a carefully written contract between you and your intended parents. This agreement outlines the rights, roles, and responsibilities of both parties, as well as important details like compensation, medical decision-making, and what happens in rare or unexpected circumstances.
The purpose of this agreement is simple: to ensure that nothing is left to chance. You’ll have your own independent attorney (paid for by the intended parents) to advocate for your needs, answer your questions, and ensure you feel fully confident before signing.
This legal foundation isn’t meant to intimidate you. It’s there to protect your health, your time, your family, and your ability to continue working while fulfilling the family-building dreams of your intended parents!
Surrogacy and Workplace Rights
It’s understandable to be concerned about how your role as a surrogate will affect your role at work. Even though you won’t be raising the baby yourself, you’ll still want to take some time away from work after delivering to prioritize your mental and physical health.
Legally, gestational carriers are protected in many of the same ways as women experiencing traditional pregnancies.
Pregnancy protections apply. Surrogates are entitled to the same federal and state workplace protections as employees with traditional pregnancies. This means your employer cannot discriminate against you for choosing to be a surrogate.
Medical leave is covered. In most cases, the Family and Medical Leave Act (FMLA) applies to surrogates, allowing eligible employees up to 12 weeks of unpaid leave for pregnancy and childbirth. Some states provide additional paid family or medical leave benefits.
Reasonable accommodations. As with any pregnancy, you may be entitled to reasonable accommodations from your employer (if needed for health and safety), such as modified duties or schedule adjustments.
Knowing these protections are in place provides peace of mind when planning how to balance work and your surrogacy journey.
Talking to Your Employer
Deciding when and how to share your surrogacy journey at work is a personal choice. Here are a few tips to make the conversation easier:
Plan your timing. Some surrogates feel comfortable disclosing their role early on, while others prefer to wait until their pregnancy is confirmed. Do what feels right for you!
Be clear and professional. Explain that you’re pregnant as a surrogate, and reassure your employer that you intend to manage your responsibilities with the same professionalism as always.
Use your resources. Lean on your agency and attorney to clarify your legal rights and prepare you for any conversations about leave or accommodations.
Feeling informed can help you open the conversation with clarity and confidence. Remember, the goal is to help your employer understand what to expect while protecting your rights as an employee.
Support From All Sides
Navigating the legal and workplace aspects of surrogacy doesn’t have to feel overwhelming, especially with the ongoing support of our Surrogacy.com community and your dedicated surrogacy agency!
We’ll help you choose an agency that can help you navigate these key aspects of the legal journey:
Securing an independent attorney who specializes in reproductive law—at no cost to you.
Understanding your workplace rights and protections.
Coordinating appointments and schedules so you can balance your surrogacy journey with your job and family life.
Ensuring all payment, benefit, and medical details are clearly outlined in your surrogate contract.
This comprehensive support lets you focus on your health and journey, knowing that the legal details are handled with care and expertise.
Surrogacy by State: Where It’s Legal
Gestational surrogacy is legal in most of the U.S., with clear protections in 48 states. Currently, Louisiana and Nebraska do not recognize compensated surrogate agreements. For the agreement to be valid, surrogates need to live and give birth in one of the surrogacy-friendly states that uphold these contracts.
This is one more reason why having a knowledgeable agency and attorney is critical—they ensure your agreement is valid in your state and that your workplace protections align with state and federal laws.
Balancing Work and Pregnancy
Every pregnancy is unique, and surrogacy is no different. While ideally, you’ll feel great and work right up to your delivery, sometimes things happen. It’s not unusual to ask for additional time off or need to adjust your schedule along the way. Your agreement and workplace rights are there to give you flexibility and peace of mind.
Most surrogates find that they can continue working through much of the pregnancy with the support of their employer and agency. Open communication, clear legal protection, and a thoughtful plan make it easier to focus on your well-being and the amazing gift you’re giving.
We’ve Got You.
So, how does surrogacy work legally? By surrounding yourself with trusted experts who support and protect you during each phase of the journey—from intake to matching to delivery and beyond. This is accomplished through clear agreements, state and federal protections, and the guidance of experienced professionals.
Remember, it’s a shared journey, and you’re never alone in the process. From our community to your agency and attorney, you’ll have advocates ensuring your needs are met and your rights are honored. With the proper legal framework, you can confidently balance work, family, and surrogacy, knowing that every detail is taken care of as you bring immeasurable joy to others.
Still have questions? Explore our helpful FAQs. To take the next steps toward surrogacy, fill out our simple form to see if you qualify, and one of our team members will be in touch shortly!