Pre & Post Birth Orders
Intended parents who use the services of a gestational carrier to carry their child must obtain a court order determining legal parentage for the child from the court of that state. The order also directs the hospital where the child is born and/or the appropriate state department of vital records to place the intended parents' names on the birth certificate of the child delivered by the gestational carrier.
If intended parents do not obtain an order, in most cases, one or both intended parents 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 a parent of the child when the child is born.
Process of Surrogacy
The process of obtaining a birth 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 birth order prior to the child's birth.