If you’ve had a child via a surrogate, you may be wondering how—or even if—your country’s parental leave laws apply to you? The good news is that parental leave laws often take non-traditional methods of family building into account. Some countries even have explicit accommodations for intended parents, and others have general policies that may apply.

  • Parental leave laws may cover intended parents using surrogacy.
  • In the U.S., FMLA allows intended parents to take unpaid leave.
  • Some countries have explicit policies for surrogacy.
  • Parental leave laws differ worldwide.
  • Consult with an attorney and your HR Department.
  • Planning ahead will ensure a smoother transition to parenthood.

Parental Leave in the U.S.

In the United States, the Family and Medical Leave Act (FMLA) allows parents to take time off for the purpose of bonding with their newborn or newly adopted child. However, FMLA only provides unpaid leave for parents who meet the eligibility requirements. Beyond that, the amount of leave American parents can get varies by state and even by company.

International Parental Leave

Some countries, like Australia, have explicit accommodations for gestational surrogates giving intended parents more clarity and protection. Also, many European countries offer new parents varying amounts of paid leave.

Seek Professional Guidance

Because of the complex ever-changing nature of parental leave laws in the United States and around the world, we encourage intended parents to consult with a qualified attorney on this issue. An attorney can help you sort through the web of federal, state, and local laws that may affect how much parental leave you are entitled to. You may also wish to consult with your employer’s human resource department to find out what their parental leave policies are and how they apply to your situation.

Planning Ahead

Bringing your baby home for the first time is an incredible, unforgettable experience. By researching parental leave ahead of time and planning accordingly, you can help ensure that your transition to parenthood is as smooth as possible.

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Staci Swiderski, CEO and owner of Family Source Consultants, has been a prominent leader in reproductive medicine for over two decades. Through her strategic vision and dedication, she has developed Family Source Consultants into a globally recognized agency specializing in comprehensive egg donation and gestational surrogacy services. Under Staci’s leadership, the agency has become a trusted partner for intended parents, surrogates, and egg donors worldwide, known for its rigorous standards, compassionate support, and commitment to excellence in third-party reproduction.

Her professional insight is uniquely informed by her own family-building experiences. As an intended parent, Staci welcomed her son via gestational surrogacy in 2005, and as a known egg donor, she assisted an infertile couple in expanding their family. These experiences lend a rare depth to her leadership and have fueled her ongoing dedication to ethical, empathetic, and professional support within the field of reproductive medicine.