Pre and Post
Parentage Orders
What is a Parentage Order?
Intended parent(s) who use the services of a gestational carrier must obtain a court order determining legal parentage for the child. The order directs the hospital where the child is born and/or the appropriate state department of vital records to place the names of the intended parent(s) on the birth certificate of the child delivered by the gestational carrier.
If intended parent(s) do not obtain an order, in most cases, one or both intended parent(s) will be required to adopt their child. Also, in the absence of an order, the gestational carrier’s name may be placed on the birth certificate as the parent of the child when born.
The process of obtaining a parentage order should begin once a gestational carrier has completed the first trimester of the pregnancy. This is to ensure that there is enough time to obtain a parentage order prior to the child’s birth. The law firm has obtained and helped facilitate parentage orders in numerous states including, but not limited to, New Jersey, New York, Massachusetts, Pennsylvania, and Texas. We can also assist in Virginia and Illinois.
The process for obtaining a Parentage Order
A parentage order is a legal document issued by a court that transfers parental rights from the surrogate and, if applicable, her spouse or partner, to the intended parent(s) in a surrogacy arrangement. The legal process for obtaining a parentage order in surrogacy can vary by jurisdiction, but it generally involves several key steps:
Petitioning for a Parentage Order: An attorney, on behalf of the intended parent(s) typically files a petition in court to request a parentage order. The court will review the petition and supporting documentation. If the court is satisfied that all legal requirements have been met, and the surrogacy arrangement complies with local laws, they may approve the petition.
Issuance of Parentage Order: Once the court approves the petition, it will issue a parentage order. This order legally recognizes the intended parent(s) as the child's legal parents. It also directs the relevant government agencies to issue a new birth certificate with the names of the intended parent(s).
Updating the Birth Certificate: After the parentage order is issued, the relevant government agency, usually the vital records office or the department of health, will issue a birth certificate. This birth certificate will reflect the intended parent(s) as the legal parents of the child.
It's important to note that the specific legal requirements and procedures for obtaining a parentage order through surrogacy can vary significantly from one jurisdiction to another. It's crucial for intended parent(s) to work closely with legal professionals who concentrate in reproductive and family law to ensure compliance with local laws and regulations.
Read the University of Pennsylvania Gazette Article that describes how Melissa shaped the law to ensure her and her husband’s parental rights to their three children. Learn how these groundbreaking efforts paved the way for others to realize their dreams.
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