As intended parents, when a gestational surrogate is carrying and giving birth to your baby, one of the most critical steps in the surrogacy process is to ensure that you are legally recognized as the parents by the appropriate court or legal process.
Pre-birth Order or Post-birth Order
“Pre-birth order” refers to the court process necessary to recognize you as the child’s parents.
Some states require a post-birth order, but Texas is considered a surrogate-friendly state. Therefore, a pre-birth order may be granted and thereby validated so long as the gestational carrier agreement is found by a Texas Court to be in compliance with the statutory requirements of Texas surrogacy law. The statute only refers to married Intended Parents, so obtaining pre-birth parentage orders for unmarried Intended Parents is more complicated and should be discussed with a surrogacy attorney. It’s also important to note that a pre-birth order can be granted regardless of whether the intended parents have a genetic connection to the child.
Why is a “Prebirth Order” Important?
A pre-birth order is important in surrogate contracts. Most parents start this process after the first trimester of the pregnancy, but some do so once a positive pregnancy is produced or even before the surroga
te is even pregnant to ensure everything legal is put in place at the very beginning of the journey.
A pre-birth order ensures that the intended parents have legal rights to their child as soon as the baby is born.
Another importance of pre-birth orders is for insurance purposes. From the moment the baby is born, the intended parents are solely responsible for the child. Thus, being legally recognized as the parents ensures that the baby may be added to their insurance.
Prebirth orders also benefit the awaiting parents during the birth. Having legal custody of the child prior to birth means they will be treated as the parents in the delivery room. Your surrogate professional at Shared Conception can answer any questions you have about pre-birth orders and parental rights.
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