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What is a pre-birth or post-birth order?

| Nov 22, 2019 | Alternative Reproduction |

Scientific and social advances have opened the door for many more people to become parents than ever before. Whenever gestational surrogacy is involved, however, it’s important to learn everything you can about the legal options available. In particular, you should understand the difference between a pre-birth and post-birth order.

What is a pre-birth order?

In general, a pre-birth order asks the court to assign legal parentage to a child. Typically, they’re done at least two months prior to the expected birth.

For example, if you’re using a gestational surrogate to carry your child, you and your spouse might ask the court — via your attorney — for an order that directs the state’s Vital Records Department to issue the birth certificate with your names as the parents. Having a properly executed pre-birth order makes the road to your legal status as the baby’s parents much easier.

What is a post-birth order?

In some states, pre-birth orders aren’t allowed — so a post-birth order is usually obtained as quickly after the baby’s birth as possible. However, even in a state like Connecticut where pre-birth orders are valid, things happen.

Perhaps other complications in your life created delays and you simply didn’t get the pre-birth order done. Maybe you thought you had plenty of time still to get the pre-birth order but the baby came a little early. Whatever the cause, a post-birth order can be obtained with a court hearing in front of a judge within a few days of your child’s arrival.

Any time you have to use alternative reproduction methods, the number of things you have to understand and handle can seem overwhelming, but an experienced attorney can certainly help handle the load.