If you are thinking about becoming a surrogate mother or using gestational surrogacy to have a child, then you should always begin the process with thorough research. You want to ensure that you are choosing the right option. You may come across the term “pre-birth order” during this research, and you might be wondering what one is. To put it simply, a pre-birth order is a legal document that establishes the intended parent(s) as the full legal parent(s) of the child before the surrogate gives birth. Understanding how a pre-birth order in California works and what makes them so important is a vital part of surrogacy.

Understanding Surrogacy and the Laws Around It

Historically, traditional surrogacy would require for the surrogate mother to be artificially inseminated with the sperm of the intended father, or the sperm of a sperm donor. The surrogate would be biologically related to the child she gives birth to. Today, gestational surrogacy is the most popular form of surrogacy. It’s also the only kind of surrogacy we offer here at Family Tree Surrogacy Center. Gestational surrogacy works with a pre-birth order in order to fully protect the legal rights of the intended parent or parents. Gestational surrogacy uses IVF (in-vitro fertilization) to insert an egg from an intended mother – or an egg donor – into the surrogate. The surrogate in gestational surrogacy is not related to the child at all. That makes it more difficult for them to try to claim parentage of any child born through gestational surrogacy.

A pre-birth order is an agreement that the surrogate parent and the intended parent(s) sign before the child is born. The document declares that the intended parent(s) are the legal parent(s) of the child. For the state of California, after such an agreement is signed, the hospital where the child is born is required to write the names of the intended parent(s) onto the birth certificate for the child. When combined with a pre-birth order, gestational surrogacy gives the intended parent(s) a complete guarantee that their parentage is fully settled in the eyes of the law. With that said, one should note that neither gestational surrogacy nor pre-birth orders are legalized across all 50 states. California has earned a reputation for being on the cutting edge of surrogacy laws. By working with Family Tree Surrogacy Center, you can be sure this won’t be a problem. If you are considering surrogacy in another state though, make sure that you check the surrogacy laws for your state.

The Benefits of Choosing a Pre-Birth Order Over a Post-Birth Order

With a pre-birth order, as opposed to a post-birth order (signed after the child is born) you can eliminate any potential confusion over who are the true parent(s) of the child at a time when tensions will be running high. Not to mention that the birth is a time of celebration. A new life has been brought into the world. It’s hardly a time for fighting and disputes.

You’ve likely heard some horror stories about surrogate mothers changing their mind after they give birth. They decide they want to keep the child for themselves after all. This is one of the most terrifying things an intended parent can go through. You’ve put a lot of your time and money into the process, and now someone wants to take the child for themselves. A pre-birth order means that the surrogate mother will not have any legal jurisdiction over the child that is born, and so there’s no need to worry about this kind of situation.
Surrogate mothers can also benefit from having a pre-birth order in place. Giving birth is emotionally draining and physically painful. No one wants to go through all of that and then be told that they need to sign legal documents. Handling everything before the child is born makes for a more exciting and enjoyable birth.

Get in Touch if You Have Questions About Pre-Birth Orders

At our surrogacy agency in California, we understand how complicated and overwhelming the surrogacy process can seem. If you still have some questions about pre-birth orders and why they are so important then please don’t hesitate to get in touch with us today.