BIRTH ORDERS / JUDGEMENT OF PARENTAGE FOR SURROGACY ARRANGEMENTS
As an intended parent, when a gestational surrogate is carrying and gives birth to your baby, one of the most important steps you must take is to ensure that you are legally recognized as the parent(s) by the appropriate court or legal process.
Pre-birth Order or Post-birth Order
The appropriate court or administrative process is dictated by the laws of each state. To ensure you are taking the right steps to ensure you are legally recognized as your child’s parent, you should discuss this with your attorney prior to conception. In any case, once you have a positive pregnancy, do not delay in asking for the correct legal steps you must take, and when a parentage order should be in place.
This is a very important step in the journey, and it may occur either before or after the birth. You may see this sometimes referred to as “pre-birth order” and “post-birth order,” which is in fact referring to the full court process that may be necessary to recognize you as the child’s parents.
In some states, there is an administrative process; however, you should discuss this with your attorney if a court order is still recommended.
Importance of a “Birth Order”
The “birth order” process does vary from state to state. ARTparenting can assist you with a parentage process in Maryland, District of Columbia, and New Jersey. By working together with an attorney well-versed in surrogacy in general, and in the applicable state law(s) in particular, you will ensure that your rights as your child’s parents are legally recognized in a timely fashion.
A critical reason to have this done prior to birth, if permitted, is so the hospital where the baby is being born will accommodate you as the actual parents for both the delivery and after delivery. The smoother the path is for the hospital to follow, the smoother everything will go at the time of delivery (which, as we know, can become quite hectic).
The court order is also important for insurance reasons. From birth, the child is the parents’ sole responsibility. Being legally recognized as the parents ensures that the child may be added to their insurance.
International Surrogacies
Birth orders/judgments of parentage are especially important in the case of international surrogacy arrangements. ARTparenting works with many overseas individuals and couples, so our familiarity with the legal concerns and needs of intended parents overseas is extensive. We will work closely with your attorney in your home-country to ensure that the final order issued by the court complies with the particular needs of your country to ensure a smooth process for going home with your baby — and a smooth process once you are home. There has been a critical need for many overseas parents to have this court order prior to birth to allow them to travel to the US for the birth of their baby during the pandemic.
Working with ARTparenting, you’ll always be assured that when you take your new baby home, legal parentage will be clearly established.