As families grow in new and diverse ways, workplace policies must evolve to keep pace. While parental leave has expanded over the years, many policies still center on traditional maternity experiences tied to biological birth. Parents via surrogacy, however, face the same early caregiving demands, emotional transitions and need for bonding time – without the physical recovery from childbirth.
When these unique needs are overlooked, intended parents can find themselves without the support they deserve during one of life’s most pivotal moments. Without thoughtful updates, companies risk creating inequities that leave surrogacy families behind.
By taking an active role in shaping inclusive policies, HR professionals have the opportunity to make a meaningful difference. Supporting every path to parenthood not only strengthens workplace culture – it also reflects a company’s true commitment to equity, diversity and respect for all families.
Why Inclusive Leave Matters
Inclusive parental leave policies benefit both employees and organizations. For employees, these policies can reduce stress during an already emotional and complicated time. Knowing they have job protection and dedicated bonding time helps surrogacy parents focus on their families without fearing professional consequences.
For organizations, offering comprehensive leave for all parents – regardless of how their child enters the family – builds loyalty, strengthens workplace culture and improves retention. Employees who feel supported are more likely to remain with a company, perform well and advocate for the organization in broader networks.
Recognizing the needs of those pursuing surrogacy for single parents is also essential. Single parents may face additional financial, emotional and logistical challenges during their transition to parenthood, making equitable leave policies even more critical for this group.
Legal and Ethical Considerations
The legal landscape surrounding surrogacy varies widely by jurisdiction, which adds complexity to leave planning. In some areas, surrogacy arrangements are well regulated, while in others, they exist in legal gray zones. Despite these inconsistencies, the ethical obligation for HR teams remains clear: employees who become parents through surrogacy deserve the same support as those who welcome children through pregnancy, adoption or foster care.
Federal laws like the Family and Medical Leave Act (FMLA) offer some protections for bonding time after the arrival of a child, regardless of the method of arrival. However, FMLA only guarantees unpaid leave for eligible employees and does not specifically address the nuances of surrogacy. This leaves a gap that organizations must fill proactively.
Developing a clear, inclusive parental leave policy that explicitly covers surrogacy helps avoid confusion and prevents unintended discrimination. It sends a strong message that the company values every employee’s journey to parenthood equally.
Practical Steps
Creating a surrogacy-inclusive parental leave policy requires thoughtfulness and clear communication. Here are a few strategies to consider:
- Define “Parent” Broadly: Policies should be written in a way that includes biological, adoptive, foster and intended parents without requiring different processes or documentation based on how the child joins the family.
- Offer Paid Leave for Bonding: Paid bonding leave – separate from medical leave – acknowledges that all parents need time to care for and bond with a newborn, regardless of birth circumstances.
- Clarify Eligibility and Process: Clearly outline how employees can apply for surrogacy-related leave, what documentation is required (such as a birth certificate or surrogacy agreement) and any deadlines for requesting time off.
- Educate Managers and HR Staff: Train supervisors and HR team members on the importance of treating all types of parental leave with the same respect and confidentiality, avoiding assumptions or biased language.
- Highlight the Policy Publicly: Make the inclusive parental leave policy easily accessible on the company intranet, in employee handbooks and during onboarding processes. Visibility helps normalize all paths to parenthood.
Moving Forward with Intention
As workplaces become more diverse, parental leave policies must evolve to reflect the reality of modern family-building. Addressing the needs of surrogacy parents is not just a legal or administrative concern – it’s an opportunity to demonstrate leadership in creating a workplace that celebrates every family story.
By closing the gaps in current frameworks and offering intentional support, HR professionals can foster a more equitable, compassionate environment where every parent has the opportunity to thrive.
Arianna Shelter is the CEO of International Surrogacy Center, is a seasoned expert in family building, driven by both personal experience and years of professional leadership in surrogacy. She is deeply involved in the community and speaks at national and international conferences, contributes to podcasts and articles and engages in legislative advocacy to improve access to care. Arianna is also a member of leading reproductive health organizations, demonstrating her commitment to ethical practices and supporting diverse paths to parenthood.
