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You’ve wanted a baby for a long time, and you finally have a surrogate carrying your child. You are very excited and can’t wait to bring home your bundle of joy, but what will the birth certificate say? Typically, when a child is born, the woman who has birthed the child is named as the mother.

If you’re an intended parent, how do you get your name on the birth certificate?

What is a Pre-Birth Order?

A pre-birth order is an order by the court that says you are the intended parent, and that you should be on the birth certificate. This can be very important if you want your parental rights to be asserted immediately after the baby is born.

How Do You Get a Pre-Birth Order?

You can get a pre-birth order by petitioning the court. In some counties, it may be required for you to attend a hearing, at which point the judge can choose to grant the birth order. All surrogacy situations are different, and it might be necessary for you to attend a hearing. You shouldn’t be concerned about this, because it’s likely just a formality.

Are Pre-Birth Orders Really Necessary?

In some states, pre-birth orders are very necessary. In Pennsylvania, it’s left to the court or county’s discretion. It’s important you check with your county, or with your surrogacy center, to see whether you need a pre-birth order.

With gestational surrogacy, the woman giving birth has no legal ties to the child because she is not biologically related to the child. For this reason, a pre-birth order might not be as necessary as it would be in other circumstances.

If the birth mother’s egg was used (such as is the case with traditional surrogacy), you might want to have a pre-birth order. It can support your legal claim to the child.

Do You Need Help from a Surrogacy Center?

Surrogacy is a complicated situation, and you don’t want to take any chances. You want to ensure that your rights as a child’s parent is immediately present following the birth. Birth orders are important. You want to be listed on your child’s birth certificate. It may also be important for you to work with a surrogacy center so that you have help.

You could try the Baby Steps Surrogacy Center, Inc. to obtain assistance throughout the entire surrogacy process.