8.2 Hospital Discharge & Legal Paperwork for Surrogacy Births

At GSHC, we work closely with hospitals, attorneys, and social workers to ensure a smooth and legally secure transition of the baby from the surrogate to the intended parents after delivery. This process involves pre-delivery planning, hospital coordination, and state-certified documentation—especially in states that require a post-birth order.

1. Pre-Delivery: Hospital Registration and Social Worker Coordination

Before delivery, surrogate mothers must:

• Register with the hospital’s admitting department as a surrogacy pregnancy delivery.
• Communicate with the hospital’s social worker to ensure all required legal documents—such as the surrogacy agreement, court orders, and Power of Attorney (if applicable)—are on file.

The hospital's social worker plays a key role in verifying documentation and preparing for baby discharge. GSHC case managers are actively involved to ensure everything is in place before the delivery.

2. Legal Documents Submitted to the Hospital

The intended parents’ attorney—or the GSHC case manager—will coordinate with the hospital to provide:

• A full copy of the surrogacy contract and any court orders (if pre-birth orders are applicable)
• Signed and notarized Power of Attorney (POA) documents, if the intended parents cannot be present at delivery

These legal documents ensure that, once the baby is born, custody is immediately and legally transferredto the intended parents or their designated representative.

3. Baby Discharge: Custody Transfer at the Hospital

At the time of birth:

• The surrogate delivers the baby but is not registered as the legal mother in the hospital’s system (based on pre-submitted documentation).
• The baby is immediately transferred into the care of the intended parents or the POA designee.
• Hospital staff will send all required discharge records and documents to the intended parents or their attorney.

This separation process is planned in advance to ensure both legal clarity and emotional comfort. The surrogate does not take on any post-birth parental responsibilities.

4. Post-Birth Order States: Continued Legal Coordination

In states that require a post-birth order, legal parentage is not finalized until after delivery. However:

• The baby can still be discharged to the intended parents if POA or temporary custody documentation is properly executed.
• The intended parents’ attorney will continue working with the hospital to file the necessary court documents.
• The attorney will coordinate with the birth clerk to ensure correct filing of the birth certificate.

5. Understanding the Birth Certificate Process

Please note:

• Hospitals do not issue official birth certificates.
• Instead, they submit the birth information to the state’s vital records department after delivery.
• Once processed and approved, the official birth certificate is issued by the county vital records office.

Intended parents—or their attorney—must formally request the birth certificate from the county vital records office located in the surrogate mother’s county of residence, which is typically listed on the hospital discharge paperwork.

Reminders for a Smooth Process

For Surrogates:

• Be prepared for the emotional and legal separation at the hospital.
• Clearly communicate with the hospital social worker and legal team in advance.
• Ensure all paperwork is submitted on time to avoid delays in baby discharge.

For Intended Parents:

• Ask early about hospital paperwork, POA, and birth certificate procedures—do not wait until the last minute.
• Work with your attorney and GSHC case manager at least 4–6 weeks before the due date, especially in post-birth order states.
• You are responsible for timely communication and document submission, even though our team will guide and support you through every step.