Can Intended Parents Receive Pumped Breast Milk from Their Surrogate?

Jun 20, 2025

In the latest episode of “The Surrogacy Space,” I discussed a topic that often piques the curiosity of intended parents: the possibility of receiving pumped breast milk from their surrogate. This blog provides valuable insights into the considerations and legalities surrounding this sensitive subject, offering guidance for those embarking on the surrogacy journey.

Understanding the Basics

Is it possible to receive pumped breast milk from a surrogate after the baby is born? The answer is not straightforward. While some surrogates may be willing and able to provide breast milk, others may not be comfortable or capable of doing so. Therefore, it is crucial for intended parents to discuss this possibility with their surrogate at the very beginning of the surrogacy process.

The Importance of Early Communication

Early and open communication between intended parents and their surrogate is essential for establishing each party’s needs and expectations. If receiving pumped breast milk is a priority for the intended parents, it should be discussed and agreed upon before entering into the surrogacy agreement. This ensures that both parties are on the same page and can avoid potential misunderstandings or conflicts later on in the process.

Legal Considerations and Contractual Provisions

If both parties agree to the provision of pumped breast milk, it is common to include specific language in the surrogacy agreement. This language typically outlines the logistics and financial responsibilities associated with pumping, such as covering the costs of a hospital-grade pump, storage bags, and shipping supplies. Additionally, surrogates may receive reimbursement for their efforts, which can be structured as a daily, weekly, or per-ounce fee.

The Reality of Enforcing Agreements

Despite the inclusion of such provisions in the surrogacy agreement, it is impossible to enforce a surrogate’s willingness or ability to pump breast milk. Circumstances may change, and a surrogate may find herself unable or unwilling to continue pumping after birth. Therefore, while agreements can outline intentions, they cannot guarantee outcomes.

Alternative Options for Intended Parents

For intended parents who are unable to receive breast milk from their surrogate, there is an alternative: some intended mothers, with the guidance of medical professionals, have successfully induced lactation through hormonal treatments and pumping. This option, while not suitable for everyone, provides another avenue for those committed to providing breast milk to their newborn.

The decision to receive pumped breast milk from a surrogate involves careful consideration and open dialogue between all parties involved. While it is a possibility, it requires mutual agreement and understanding of the practical and legal implications.

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Can Intended Parents Receive Pumped Breast Milk from Their Surrogate?

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