Intended parents
Pre-birth orders, explained
What a pre-birth parentage order is, why it matters, which states grant them, and what happens where they are not available.
· 4 minute read
When a baby is born, the hospital needs to know who the legal parents are. In most births, that is simply the woman who gave birth and, often, her spouse. In surrogacy, a court order is usually needed to say otherwise.
What a pre-birth order does
A pre-birth order is a court order, obtained during the pregnancy, declaring the intended parents to be the legal parents from the moment of birth. The hospital receives it in advance, the intended parents make medical decisions for the baby from the start, and the birth certificate names them.
When it is filed
Usually in the second or third trimester, by the intended parents’ attorney, with the surrogate’s attorney’s cooperation. Some courts decide on the papers; others hold a short hearing.
Where they are not available
Some states only establish parentage after the birth, and a few require additional steps, such as an adoption for a parent without a genetic connection. This is one of the reasons the surrogate’s state, and the birth state, matter so much when matching.
Pre-birth order availability by state
This article is general information, not legal advice. Your attorney will explain what applies to your journey.
