Congratulations! You just found out your gestational surrogate is pregnant. Then you are told that you will eventually need to get a pre-birth order. And the questions being to flood your brain: What is a pre birth order? How do I get one? When do I get one? This post answers some of the most frequently asked question about pre-birth orders.
- What Is a Pre-Birth Order?
When a gestational surrogate gives birth to a child, hospital staff and your state’s Department of Vital Records will place the surrogate’s name on the original birth certificate as the mother of the child. If the surrogate is married, her husband’s name may also be on the birth certificate as the father of the child. If you live in a state that allows pre-birth orders, you can obtain a pre birth order to direct the hospital staff and your state’s Department of Vital Records to place your name and your partner’s/spouse’s name on the original birth certificate as the legal parents of the child.
- When Should I Obtain a Pre-Birth Order?
It takes a while to complete the necessary documents and legal steps to obtain a pre-birth order, so you need to apply for one soon after you learn that your surrogate is pregnant. Typically, the pre-birth order process begins at about 13 to 20 week’s gestation. It’s important to stay in touch with your lawyer to ensure that the pre-birth order process is moving forward during your surrogate’s pregnancy.
- What Happens Without a Pre-Birth or Post-Birth Order?
If your baby arrives before you obtain a pre birth order or if the pre-birth order process doesn’t work out for one reason or another, you and your partner may obtain a post-birth order or go through the adoption process depending on the state where you live.
- Whom Do I Contact With Questions?
If you’re concerned about the pre-birth order process or you have questions, talk to your attorney. He or she can answer some of your questions or direct you to resources where you can find more information. With the right legal advice, everyone involved in the surrogacy process can receive the protection and support that they need.
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About Attorney Nicole K. White
As a mother by gestational surrogacy and as a surrogacy lawyer, my goal is to help you experience the joy and fulfillment of starting or growing a family of your own through third party reproduction. Because I am a mother by gestational surrogacy, I know firsthand what you will need – answers to your questions, support and guidance – and, I know what you will go through when starting your family. My experience as a surrogacy lawyer helps me guide you through the financial, emotional and legal aspects of surrogacy. I can say with confidence that few (if any) attorneys deliver the unique insight I can bring to your surrogacy journey.
