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  /  Surrogacy   /  Surrogacy Legal Insights: Pre-Birth Order vs. Post-Birth Order

Surrogacy Legal Insights: Pre-Birth Order vs. Post-Birth Order

In the United States, the assumption that the woman giving birth is the mother poses legal challenges in gestational surrogacy. Legal orders are crucial to establish the intended parents as the legal parents of the child, distinguishing them from the birth mother.

What is the order of parentage?

The Order of Parentage is a legal document designating the intended parents as the legal parents, ensuring rights such as taking the baby home, medical decisions, and insurance additions. Without this order, legal and medical decision-making becomes complex.

Pre-Birth Order:
  • Created during the second trimester in states allowing pre-birth orders.
  • Provides legal parent status before the baby’s birth.
  • Ensures ease and peace of mind before the birth.
  • The intended parents’ names go on the birth certificate, and the surrogate has no legal claim.
Post-Birth Orders
  • Relevant in states where post-birth orders are required.
  • The surrogate and spouse may initially be named on the birth certificate.
  • Intended parents retain decision-making rights but undergo additional steps post-birth.
  • A court petition by your lawyer removes the surrogate’s name from the birth certificate and replaces it with yours.

Both processes, if handled by an experienced surrogacy attorney, ensure legal clarity. The choice depends on state regulations. Navigating this legal maze is complex, emphasizing the need for professional guidance.

Visit Surrogacy Roadmap for comprehensive insights into your surrogacy journey—a DIY guide to surrogacy.

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