Travel and Relocation Clauses — What to Watch

These are contract sections that define where the gestational carrier (GC) can travel and whether she can relocate—temporarily or permanently—during the pregnancy.

They exist because any change in physical location can change:

• Which state laws apply (parentage orders, birth certificates)
• Which insurance rules apply (in-network vs out-of-network)
• Hospital options, NICU access, and delivery costs
• The IPs’ ability to be present for birth
• The newborn’s legal and citizenship pathway (especially for international parents)

Upstream choices such as GC selection, insurance type, and birth-state preference determine how tightly these clauses need to be drafted.

Who It Helps

This guidance is especially relevant for:

• International intended parents who must deliver in a surrogacy-friendly state
• US intended parents using a GC in a state where parentage laws differ from their own
• Families with a history of preterm birth or hospital preference for NICU levels
• Cases where the GC travels often (work, family, military spouse, shared custody)
• Agencies drafting agreements across multiple states

A different path may be needed when:

• The GC lives near multiple state borders and does not have stable residency
• The intended parents insist on a specific birth state (CA, CO, IL, CT) but the GC’s family relocation plans are uncertain
• Insurance is state-specific and becomes invalid outside the home state
• The GC has travel-required employment (flight attendant, sales rep, contractor, etc.)

Step-by-Step: How to Manage Travel & Relocation Risk

1. Pre-Matching (Before Contracts)

• Review the GC’s lifestyle, job, and family commitments
• Ask about past relocations or expected moves
• Map out driving distances to the delivery hospital and backup hospitals

2. Contract Phase

Draft clauses defining:

• Permitted travel radius (e.g., no travel beyond 100 miles after 24 weeks)
• High-risk periods (travel restrictions after 28, 32, or 34 weeks depending on history)
• Relocation notice requirement (commonly 30–60 days)
• Prohibited states with unfavorable surrogacy laws
• Insurance boundaries—in-network counties and states
• Requirements for pre-approval before extended travel

3. Pregnancy Monitoring

• Confirm travel during holidays, family events, or work trips
• Monitor medical status: placenta position, cervical length, blood pressure
• Adjust travel limits if risk changes mid-pregnancy

4. Third Trimester Protocol

• Finalize delivery hospital
• Lock non-essential travel
• Notify attorneys and insurance if any relocation occurs
• Prepare IP travel arrangements (domestic or international)

5. Birth & Post-Birth

• Validate the correct state is used for parentage documents
• Confirm the hospital is in-network
• Ensure the newborn’s records and birth certificate reflect the intended legal pathway

Pros & Cons

Pros

• Reduces legal risk around parentage
• Protects insurance coverage from out-of-network billing
• Ensures NICU access at the chosen facility
• Supports predictable birth planning for IPs

Cons / Trade-offs

• Travel limits may feel restrictive to the GC
• Strict clauses require frequent communication to enforce
• If the GC must relocate for emergencies, legal/insurance adjustments may be costly
• Increased attorney review if crossing state lines mid-pregnancy

Costs & Logistics

Key line items affected by travel & relocation decisions:

• Legal updates for a change in birth state: $1,000–$4,000
• Insurance complications (out-of-network costs can exceed $10k–$40k)
• NICU transfers to an in-network hospital
• Bedrest or restricted travel reimbursements for the GC
• IP travel expenses if the birth city changes last-minute

Escrow releases may be tied to:

• Third-trimester travel restrictions
• Emergency relocation (fire, hurricane, evacuation)
• Work-related travel reimbursements

What Improves Outcomes

Actions that materially change results:

• Clear, specific clauses (radius, dates, states)
• Early discussion about the GC’s realistic lifestyle
• Choosing legally favorable birth states with stable case law
• Pre-approving backup hospitals and NICUs
• Maintaining weekly communication in the third trimester

Actions that rarely change outcomes:

• Overly broad travel restrictions (e.g., “no travel outside the US”)
• Adding penalties without support or communication
• Assuming the GC will “just stay local” without documented boundaries

Case Study: From Uncertainty to Clarity

• A GC in North Carolina matched with IPs in California.
• She had family in Virginia and regularly visited on weekends.

Early Discovery:
Virginia had less predictable parentage pathways for this match structure.

Actions Taken:

• Contract limited travel outside NC after 24 weeks
• GC notified agency before each trip
• At 28 weeks, mild preterm labor symptoms appeared — travel was paused
• IPs and GC agreed on nearby backup hospitals

Outcome:

• Baby delivered at 37 weeks in the intended NC hospital.
• Parentage order processed smoothly.
• Insurance remained fully in-network, saving ~$14,000 in potential out-of-network charges.
• All parties felt supported, not restricted.

Mistakes to Avoid

• No relocation clause at all
• Allowing unrestricted travel after 28 weeks
• Not specifying which states are prohibited
• Assuming the GC’s insurance “works everywhere”
• Failing to consider holidays, weather, or work-related travel
• Not updating attorneys immediately if relocation occurs

FAQs

Q: Can a GC move to another state during pregnancy?

Ans : Yes, but contracts must anticipate this and legal plans must be updated.

Q: What is the biggest risk of crossing state lines?

Ans : Parentage laws may no longer favor the intended parents.

Q: Do travel restrictions feel unfair to GCs?

Ans : When well-explained and paired with support (childcare, lost wages), most GCs are comfortable with reasonable boundaries.

Q: What if the GC must relocate for emergencies?

Ans : Legal teams can adjust quickly, but insurance and hospital access should be reviewed immediately.

Q: When should travel restrictions begin?

Ans : Typically 24–32 weeks depending on risk profile and state law.

Next Steps

• Free 15-min nurse consult
• Upload labs for a personalized pathway
• Get a state-specific cost breakdown for your surrogacy case

Related Links

• Legal ethics surrogacy
• Intended Parents
• Become a Surrogate
• Fixed‑Cost Packages
• SART
• CDC ART
• ASRM