Once the gestational surrogacy agreement is executed, the legal work is not always complete. Depending on the state, Intended Parents may need to establish their legal parentage in the courts. Intended Parents pursuing this route file pleadings with the court and then obtain a court order declaring their parentage (assuming the court grants their petition). The terms “pre-birth order” or “post-birth order” may come to mind here, and Intended Parents should consult with an attorney to determine what the state’s laws permit as well as what type of court order they should seek. This begs the question of where the Intended Parents should file for parentage.
Intended Parents should file for parentage in the state where the child is born. They must complete all of their court pleadings and any other necessary legal documents in accordance with the laws of that state. This is especially important to note for Intended Parents who live in a different state than the Gestational Surrogate. It’s imperative that Intended Parents consult with an experienced reproductive law attorney who is familiar with that state’s surrogacy laws to assist them with filing for parentage. Remember that surrogacy laws vary among the states, and each state may have different procedures to establish legal parentage.
The attorneys of Harden Jackson Law are devoted to servicing clients in all areas of family law, including divorce, custody, child support, property division, paternity, post-divorce modifications, prenuptial and postnuptial agreements, simple wills, adoption, surrogacy and other areas of assisted reproductive technology law. For more information, please contact us at 317.569.0770 or www.hardenjacksonlaw.com.
Remember, these blog posts are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation.