Pre- and Post-Birth Orders
Pre- and Post-Birth Orders: Your Legal Path to Parenthood
Surrogacy brings life-changing joy, but your rights as a parent aren’t automatic. The court-issued Pre- or Post-Birth Order is the essential legal step that secures your legal parentage and peace of mind from the moment of birth.
At Fertility & Surrogacy Legal Group (FSLG), our mission is to be your first point of contact for legal guidance.
We understand you’re eager to bring your baby home, and we are here to provide the clarity and protection you need to make that journey happen with confidence.
Why Legal Parentage Can't Wait
A pre-birth order is a judgment of parentage issued from the court prior to birth that establishes the intended parents as the legal parents.
Without this crucial court order, you risk the surrogate and her partner being presumed the legal parents.
Without a proper gestational surrogacy agreement in place, obtaining a pre-birth order is difficult, and you may face delays with the birth certificate, hospital access, or international travel documents.
The FSLG Process: Simple, Clear, and Confident
You don’t need to be an expert in reproductive law. You just need to feel ready to bring your baby home. We’re here to simplify legal complexities and make the process smooth from start to finish.
The pre-birth order process typically begins around the fourth month of pregnancy. Here’s what you can expect:
- Client Intake: We gather all necessary background information and documentation, including intake forms and possibly criminal background checks.
- Document Drafting & Filing: Your order is meticulously drafted, reviewed with you, and filed in the appropriate U.S. Superior Court.
- Court Hearings: If a court hearing is required, our attorneys will attend on your behalf.
- Judgment & Coordination: Once granted, we obtain certified copies of the judgment and coordinate with your fertility agency and hospital to ensure everything is in place for a smooth delivery.
Why Families Trust FSLG
FSLG focuses exclusively on assisted reproductive technology (ART) law, so we understand every nuance in this highly specialized area.
- Expertise in Parental Rights: We handle all aspects of the surrogacy process, from the gestational surrogacy agreement to the court-ordered pre-birth order, to ensure your parental rights are secured from the outset.
- Nationwide & International Reach: Our attorneys handle cases in every state where surrogacy is legal. We also provide dedicated guidance for international intended parents on topics like travel, citizenship, and securing a limited power of attorney if they cannot be present at the birth.
- Streamlined Process: We are known for our speed and efficiency. Our familiarity with court processes helps prevent delays, and we have established professional relationships with many of the judges who review surrogacy cases.
- Multilingual Support: We have translators on staff for Chinese and Spanish, and can accommodate other languages like French, Portuguese, and German on request.
Ready for Legal Peace of Mind?
You deserve to build your family with confidence. Let FSLG provide the secure legal foundation you need.
Prefer to speak directly? 📞 Call us at 619-309-2310 Or fill out our secure form below.
Frequently Asked Questions About Pre- and Post-Birth Orders
What are parental rights, and how do I secure them?
Parental rights refer to the establishment by law of your rights as parents, and the termination of the rights of your surrogate (and her husband or partner, if applicable). We establish these rights through the U.S. Superior Court systems in the state where the child will be born.
Is there a difference between parental establishment and adoption?
Yes. The pre-birth order process does not involve a home study, is obtained in less time, and has a more certain outcome than the adoption process.
I live outside of the United States. What if I can’t make it in time for the delivery?
If you cannot make it to the U.S. in time for the delivery, you can execute a limited power of attorney ahead of time. However, this is a temporary option, and our agreements stress the importance of being present for the birth.
When do intended parents become the legal parents in gestational surrogacy?
It depends on the state and the terms of the surrogacy agreement. Generally, intended parents have legal parent rights immediately upon the child’s birth.
Will FSLG represent my surrogate as well?
No. Your surrogate will need her own separate legal counsel to avoid any potential conflicts of interest or impropriety. We can recommend qualified attorneys for her case.
Related Legal Services
- Gestational Surrogacy Agreement
- Hospital and Vital Records
- Funds/Financial Management
- Second-Parent and Stepparent Adoptions
- Passport/Travel