Do Women Who Use a Gestational Surrogate Receive Equal Treatment Compared to Those Who Don't?

Last month, a woman sued her employer, Verizon, for terminating her employment after she took time off to care for her premature twin babies who later passed away. Usually, this would cause incredible public outrage as the woman claims that Verizon first failed to provide paid maternity leave and then terminated her. However, because she used a gestational surrogate to have the babies, the woman was not covered under the company’s maternity leave policy.

The case is complex, but one thing is clear, even on Verizon’s part – women who choose to use a surrogate to have a child will not be given the same benefits as those who carry and give birth to their children.

There are many reasons why someone would choose to use a surrogate to build their family, but for many, using a gestational surrogate may be their only family-building option in which one or both partners can share a biological connection to the child. Many who use a surrogate to have a baby are expected to take unpaid leave or save paid leave for the period of time after their child is born. Some are left with few options and are expected to work regardless of their newborn because they cannot take paid leave due to their employer’s policies.

Surrogacy America strongly recommends that those who are considering using a gestational surrogate review their employer’s paid leave policies. You may be surprised to learn what you do or do not qualify for when using surrogacy.

Even as surrogacy becomes more widespread, especially through LGBT families, there are still many ways in which those who use surrogacy face difficulty. Lack of paid leave at work is just one example of the challenges couples and individuals face – state law may also pose a problem in cases where gestational surrogacy is not yet legal in your home state. In these cases, intended parents are still able to work with an out-of-state surrogate, but they may face additional financial expenses and emotional stress.

Fortunately, Surrogacy America is highly experienced in assisting prospective parents to navigate the legal and financial challenges that can arise during a surrogacy arrangement. If you have questions relating to surrogacy law in your state or wish to discuss the surrogacy process, please contact Surrogacy America.

Related Topics: Intended Parents