Surrogacy provides same-sex couples with a chance to expand their families. A key step in this process is obtaining a pre-birth order. This legal document is vital for establishing the rights and responsibilities of the intended parents.
Why are pre-birth orders important?
Pre-birth orders are court orders that establish parental rights before a child is born. They serve several essential purposes:
- They legally recognize the intended parents as the child’s legal parents.
- They allow the intended parents’ names to appear on the birth certificate.
- They grant parental rights and responsibilities to the intended parents.
- They protect the surrogate by releasing her from any parental obligations.
North Dakota’s laws do not explicitly cover surrogacy agreements. This can leave same-sex couples who pursue this path to parenthood with uncertainty. To mitigate this uncertainty, securing a pre-birth order is crucial.
Without a pre-birth order, you and your family may encounter significant challenges. You may struggle to get legal recognition as a parent, making it hard to make important decisions for your child. This can also cause problems with insurance, travel and daily parenting tasks.
Securing your rights as parents
To obtain a pre-birth order, you will need to file a petition with the court before the baby is born. This petition usually includes the surrogacy agreement, affidavits from everyone involved, medical records confirming the pregnancy and statements of intent from the intended parents.
For same-sex couples, having an experienced attorney on your side is crucial. Your attorney can help maximize the protection and recognition for your family.