International Surrogacy Legal Checklist: Protecting Your Family

December 15, 202511 min readLegal Guide

International surrogacy involves navigating legal systems in multiple countries. This checklist ensures you've covered all the essential legal steps to protect your family.

Before You Begin

  • Research surrogacy laws in your home country and destination country
  • Confirm your eligibility in your chosen destination
  • Engage a lawyer experienced in international surrogacy
  • Understand citizenship transmission laws for your home country

Contract Phase

  • Have contracts reviewed by lawyers in both countries
  • Ensure contracts comply with local surrogacy laws
  • Clarify all financial terms and payment schedules
  • Define communication expectations and boundaries
  • Address potential complications (multiples, medical issues, etc.)

During Pregnancy

  • Begin parentage order process (if applicable)
  • Gather required documents for embassy (marriage certificate, passports, etc.)
  • Prepare apostilled documents as needed
  • Contact your embassy to understand citizenship requirements

After Birth

  • Obtain birth certificate with intended parents' names
  • Complete any required court orders or parentage declarations
  • Apply for child's passport or emergency travel document
  • Complete embassy citizenship application (CRBA for US citizens)
  • Obtain any required exit visas for the child

Coming Home

  • Ensure all documentation is complete before traveling
  • Carry copies of all legal documents during travel
  • Register the birth in your home country if required
  • Complete any second-parent adoption if necessary

Key Documents to Prepare

  • Marriage certificate (apostilled if required)
  • Passports for both intended parents
  • Surrogacy contract
  • Court orders (pre-birth or post-birth)
  • Birth certificate
  • DNA test results (if required by embassy)
  • Medical records

Need Help?

The legal aspects of international surrogacy can be complex. GlobalStork connects you with experienced agencies and legal professionals who specialize in international family law.

Written by

Sara Li

Founder & CEO

After years as a reproductive rights attorney, Sara experienced surrogacy firsthand when she welcomed her own children through a surrogate in 2019. She founded GlobalStork to create the transparent, ethical platform she wished had existed for her own family.

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