Key Details Intended Parents Need to Know About Pre-Birth Parentage Orders in Surrogacy

What is a pre-birth parentage order?  If you’re an intended parent looking to have a baby through surrogacy, you might be wondering about pre-birth parentage orders. Basically, a pre-birth parentage order is a legal document that makes you the legal parents of the baby before it’s even born! Here are a few things you should know:

  1. Purpose: The purpose of a pre-birth parentage order is to ensure that the intended parents have the legal right to make decisions about the child’s medical care and future, and to ensure that the child is eligible for health insurance and other benefits from the intended parents.
  2. Legal Requirements: The process and requirements for obtaining a pre-birth parentage order vary by state and jurisdiction. It is important for intended parents to understand the laws in their jurisdiction and to work with a surrogacy attorney to ensure that their pre-birth parentage order meets the legal requirements.
  3. Timing: The timing for obtaining a pre-birth parentage order is typically between the 12th and 14th week of pregnancy. It is important to obtain the order as early in the pregnancy as possible to ensure that the intended parents have the legal right to make decisions about the child’s medical care and future.
  4. Evidence Required: To obtain a pre-birth parentage order, intended parents may need to provide evidence such as their marriage certificate or a court order establishing their parental rights. A surrogacy attorney can assist with gathering the necessary evidence and preparing the necessary documents.
  5. Court Hearings: Some states require a court hearing to obtain a pre-birth parentage order. A surrogacy attorney can represent the intended parents during the court hearing and provide legal guidance throughout the process.
  6. Enforceability: Pre-birth parentage orders are legally binding and enforceable. They provide intended parents with the peace of mind that comes from knowing that their rights and responsibilities as parents are established before the child is born.
  7. Availability: Unfortunately, not all states in the U.S. have this option. Make sure you check if your state allows pre-birth parentage orders.

So there you have it! Just remember, it’s always a good idea to talk to a surrogacy attorney to make sure you have all your bases covered and understand the process in your state. Good luck!

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 and third party reproduction. I can say with confidence that few (if any) attorneys deliver the unique insight I can bring to your surrogacy journey.

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