Learn how international intended parents can secure newborn custody, hospital discharge authority, and legal protection—even if visa delays or travel restrictions prevent you from reaching the U.S. in time.
For many international Intended Parents (IPs), the final stage of a surrogacy journey brings equal parts excitement and worry. Everyone hopes to be at the hospital to hold their baby from the very first moment—but sometimes life gets in the way.
Unexpected visa delays, long-distance travel restrictions, early labor, or family emergencies can keep you from reaching the U.S. in time for the birth. This leads to understandable fears:
- “If I’m not there, who will hold my baby?”
- “Who can make medical decisions?”
- “Will the hospital involve Child Protective Services?”
Take a deep breath.
If you cannot be physically present at the birth, your newborn can still be safe, cared for, and legally protected. The key is preparing the right document in advance: A Limited Power of Attorney (POA) for Newborn Care.
This guide explains exactly what you need to know to create your “Plan B.”
Key Takeaways
- ✔ It’s Temporary.A POA allows a trusted person (your “Agent”) to act on your behalf only until you arrive. It does not replace your parental rights.
- ✔ State Law Matters.Not every U.S. state accepts POAs for newborn discharge. If you anticipate visa or travel difficulties, you should match with a surrogate in a POA-friendly state.👉 Review each state’s laws and hospital environment here
- ✔ A Well-Drafted POA Grants Broad Authority.Your Agent can handle hospital discharge, medical decisions, birth certificate paperwork, passport, SSN, and travel documents.
- ✔ Low Cost, Maximum Safety.Typically, legal drafting costs a few hundred dollars, and online notarization is ~$75. It is one of the most cost-effective protections for international parents.
POA vs. PBO: What’s the Difference?
Understanding the distinction between these two documents is essential for your legal safety.
Pre-Birth Order (PBO)Power of Attorney (POA)A court order establishing you as the legal parents.A private legal document appointing someone to act because you are not physically present.Must be issued before delivery.Required by many hospitals before releasing a newborn to a non-parent.
In summary:
- PBO = Legal parentage
- POA = Acting authority in your physical absence
- You need both.
Ivy Surrogacy Protocol: Preparing Before Problems Arise
Starting around 32 weeks, Ivy Surrogacy conducts a Pre-Birth Travel Review, assessing:
- Visa or passport delays
- Flight availability
- Potential early delivery risks
- Restrictions in your home country
- Your ability to stay in the U.S. long enough after birth
If there is any uncertainty, we recommend preparing a POA early. It is far better to have it and not need it than to need it while your newborn is waiting in the nursery.
Choosing Your Agent: Ivy’s Unique Advantage
Your Agent must be someone who can act immediately. Typical options include:
1. A U.S. Resident
A close friend, relative, or professional newborn care specialist (nanny) currently in the U.S.
2. A Visa-Ready Person Abroad
A trusted individual who already holds a valid U.S. visa and can fly immediately.
But what if you don’t have anyone?
Most agencies will not act as Agents due to liability concerns. Ivy Surrogacy is different.
⭐ The Ivy Guarantee: If you have no alternatives, Ivy Surrogacy can provide an experienced representative to act as your POA Agent.
We have helped many families by:
- Managing hospital discharge protocols.
- Coordinating with NICU and nursery teams.
- Handling newborn paperwork.
- Caring for the baby safely until parents arrive.
- Ensuring full legal compliance and chain-of-custody safety.
You are never alone.
The State Factor: Why Location Matters
POA acceptance varies widely by state. This is a conversation you must have before matching.
- POA-Friendly States (e.g., California, Arizona):These states are experienced with surrogacy and typically allow newborn discharge to an Agent with a POA without issue.
- POA-Strict States (e.g., Texas, Idaho, Pennsylvania):Hospitals here may require at least one legal parent to be physically present—POA or not.
Choosing the right state is crucial if you face travel uncertainty.
👉 Explore your options by state here
What Authority Does a Surrogacy POA Provide?
A properly drafted POA grants three categories of authority:
1. Medical Authority
Your Agent may:
- Speak directly with doctors and nurses.
- Approve standard newborn care (e.g., Vitamin K shot).
- Authorize emergency treatment or NICU care.
- Access the newborn in the nursery/NICU.
- Hold, feed, and care for the baby.
2. Legal and Administrative Authority
Your Agent may:
- Sign hospital discharge paperwork.
- Apply for the birth certificate.
- Obtain a Social Security Number.
- Assist with passport applications.(Note: While the POA authorizes the Agent to handle the logistics, the U.S. Department of State strictly requires parents to sign notarized DS-3053 forms. The POA does not replace these federal forms, but it allows your Agent to attend the appointment with your baby.)
- Submit documents needed for consulate-issued travel papers.
- Purchase newborn health insurance if needed.
Note: A casual permission letter will not be accepted. The document must be an attorney-drafted, notarized POA.
3. Custody and Travel Logistics
Your Agent may:
- Take physical custody of the newborn.
- Transport the baby to safe temporary housing.
- Board domestic or international flights with the baby to bring them to you.
Costs and Validity
- Typical Costs: POA legal drafting (a few hundred USD) + Online notarization (~$75).
- Validity: Limited duration (often 3–6 months); automatically ends when you take custody; can be revoked at any time.
Frequently Asked Questions (FAQ)
1. Who is the best person to choose as my Agent?
Ideally, someone already in the U.S. who can be present quickly. If you don’t have such a person, Ivy Surrogacy can provide a qualified representative.
2. Does the Agent become the baby’s legal parent?
No. You remain the legal parents under the Pre-Birth Order. The Agent only acts temporarily in your absence.
3. Can I just write a letter giving permission?
No. Hospitals, consulates, and state agencies require a legally drafted and notarized POA. A simple letter will be rejected by risk management.
4. What happens once I arrive in the U.S.?
Your Agent transfers physical custody to you, and the POA becomes immediately void.
5. How do I know whether my surrogate’s state accepts POAs?
You can check state-by-state surrogacy policies on our Surrogacy by State Map.
6. Can the surrogate serve as the Agent under the POA?
No. The surrogate cannot serve as your Agent due to a conflict of interest and hospital policies. She is relinquishing rights, not taking custody. If you have no trusted contacts in the U.S., Ivy Surrogacy can provide an experienced representative.
Don’t Let “What Ifs” Overshadow Your Joy
International surrogacy requires additional planning, but you don’t have to navigate it alone. Whether you need a POA-friendly state, help evaluating travel risks, or a trusted Agent for newborn discharge, Ivy Surrogacy is prepared to support you every step of the way.
If you’re unsure about your travel timeline, contact us for a Pre-Birth Logistics Review. Your baby will be safe, cared for, and legally protected from their very first breath.
> Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws regarding Power of Attorney and surrogacy vary significantly by state and country. Consult a qualified Assisted Reproductive Technology attorney for documents tailored to your situation.
