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What is a pre-birth order in California?

On Behalf of | Apr 23, 2021 | Surrogacy Law |

People in California who want to have children but are unable to conceive sometimes consider surrogacy as a way to grow their families. Surrogacy is legal in California, allowing people to benefit from this practice. The state also allows pre-birth orders to make the process easier after the baby’s birth.

The Uniform Parentage Act

Under the Uniform Parentage Act, women who give birth to children are presumed to be their mothers. If they are married, their husbands are presumed to be the children’s fathers. In states that do not allow pre-birth orders, the intended parents will need to take several steps after their children are born through surrogacy. The surrogate will need to sign legal documents asserting that she is not the legal parent of the child and give them to the intended parents’ attorney to file with the court. If it is a traditional surrogacy, the surrogate and her husband, if applicable, will have to have their rights terminated in court. The intended parents will then have to complete a stepparent adoption.

What is a pre-birth order?

A pre-birth order allows much of the process to be taken care of before the baby is born. Documents to establish the child’s parentage can be prepared while the surrogate is pregnant and filed with the court in advance of the birth. A pre-birth order will allow the intended parents to be listed on the baby’s birth certificate and to make medical decisions for their baby. The baby will be discharged from the hospital to the new parents, and they will not have to go through the process of terminating the parental rights of the surrogate or the adoption process after the baby’s birth.

Pre-birth orders can facilitate the process of establishing legal parentage for parents who have children through surrogacy. People who are interested in learning about surrogacy to grow their families might benefit from talking to an experienced family law attorney. A lawyer might explain the difference between pre- and post-birth orders and help his or her clients through the surrogacy process.