How to Get a Pre-Birth Order in California

A pre-birth order can prevent a murky legal situation when the child is born. Here’s how to get a pre-birth order in California.

A pre-birth order is a document agreed upon by the lawyers of both the surrogate and intended parents, and submitted to a court before the birth of a child (ideally as soon as the surrogate is found to be pregnant). After a lawyer successfully submits the pre-birth order, the intended parents of the child born via gestational surrogacy will be granted full legal status as parents and will be treated as such in a hospital.

If you have decided to hire a surrogate or become a surrogate in California, pre-birth orders are a way for both parties to legally establish intended parental roles.

Related: What is a Pre-Birth Order?

What is a pre-birth order?

A pre-birth order is an agreement between a surrogate and the intended parent or parents of a child. The order ensures a newborn child’s birth certificate designates the intended parents as the child’s legal parents. A pre-birth order is one way for intended parents to establish the parentage status of a child delivered through surrogacy.

Related: Do I Need a Pre-Birth Order in California?

How does a pre-birth order differ from a post-birth order?

A post-birth order is similar to a pre-birth order with one distinguishing factor: a post-birth order is signed after the birth of a child. Like a pre-birth order, a post-birth order is signed between a surrogate and the intended parent(s) of a child.

Related: What Is a Post-Birth Order?

Steps to Getting a Pre-Birth Order in California

California is one state-where pre-birth orders are established and the completion of a pre-birth order will legally settle the parentage issue of a child. To get a pre-birth order, intended parents should take the following steps.

1. Make sure the parent(s) and surrogate are on the same page as to who the intended parent(s) are before the gestational surrogacy begins.
   1. The surrogate and intended parents should consider hiring lawyers to understand and protect their rights.
2. As soon as a blood test and ultrasound indicate a surrogate is pregnant, the parent(s) should contact their lawyer.
3. The lawyer will then begin drafting pleadings in order to obtain a pre-birth judgment declaring the intended parents as the legal parents.
4. Once the lawyer receives a certified court order, they will provide it to the hospital where the anticipated birth will take place.
   1. Before the birth takes place, confirm with your attorney that they have provided all necessary documents and information to the hospital.
5. After receiving the pre-birth order, the hospital will make sure to correctly place the intended parent’s name on the birth certificate of the child.
   1. Additionally, the hospital will allow the intended parents (considered legal parents when the child is born) to make decisions regarding the health of the newborn child.
6. If the pre-birth order at some point fails for whatever reason, the intended parent(s) and surrogate can obtain a post-birth order with the help of their attorneys.

Getting a pre-birth order is a clear way to establish legal parentage before the birth of a child and can establish who the legal parents are so the issue is legally settled before the baby is even born. Both the surrogate and the intended parent(s) should understand the pre-birth order process and keep attorneys up to date with the pregnancy status.

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If you or a loved one would like to know more about how to get a pre-birth order in California, get your free consultation with one of our family law attorneys today!