Pre-birth Orders and Post-birth Orders

When a gestational surrogate gives birth to your baby, you will need legal assistance to make sure you are recognized as the legal parent(s).

Pre-birth orders and post-birth orders

Our law firm can provide the legal services you need to obtain either a pre- or post-birth order, or both when necessary, so that you will be recognized as the child’s legal parent(s) and your name(s) will be on the original birth certificate. This determination of legal parentage will properly ensure the legal status for all parties, most importantly the baby born.

When to begin

The steps to obtain a birth order should begin when your gestational surrogate is about three months pregnant to ensure that there is enough time to obtain a birth order before the child is born. In the event that the child is born before the pre-birth order is obtained, we can obtain a post-birth order instead.


Pre-birth orders in the states of Maryland, New Jersey, and in DC

In the states of Maryland, New Jersey, and in the District of Columbia, a birth order (final judgement of parental rights) is needed for gestational surrogacy arrangements, and ordinarily this is done as a pre-birth process. The court order will determine legal parentage for the child and will direct the relevant department of Vital Records to place the intended parent(s) names on the birth certificate of the child that the gestational surrogate delivers. It will also ensure that the hospital will treat the intended parent(s) as the sole parents of their child in accordance with the final judgement (the Order).

In other states

If you are working with a gestational surrogate that will deliver in a state where the process to recognize the parents is administrative, ARTparenting can assist you with necessary the paperwork. In other cases, we may need to work with a local attorney where your gestational surrogate will deliver for the court birth order process.

We have a network of attorneys in surrogacy-friendly states with whom we work to ensure a smooth journey no matter where your gestational surrogate delivers so that you are recognized as the sole legal parent(s).