How Prebirth Orders Clarify Intent

A prebirth order or parentage order is an absolute necessity in births that involve surrogacy or a gestational carrier because it clarifies for the state, the hospital and the parties involved who the intended and legal parents of the child are and who therefore is legally responsible for the decisions surrounding that child. Herrin & Leach can obtain a prebirth in advance of the birth and ensure that the hospital stay and the child's initial days go smoothly.

What A Prebirth Order Does

There are several reasons to work with a lawyer to create a prebirth order.

A prebirth order:

  1. Allows the intended parents to be placed on the child's initial birth certificate.
  2. Allows the intended parents to attend the birth
  3. Allows the intended parents to take the child home from the hospital as their own
  4. Gives intended parents the right to make medical decisions for the child
  5. Clarifies insurance issues
  6. Allows the intended parents absolute access to the child

A prebirth order is created by an experienced surrogacy and experienced adoption attorney and is used almost exclusively by parents who are both genetically linked to the child. When a heterosexual couple uses in vitro fertilization (IVF) to create a child that is genetically connected to them, a prebirth order ensures that those two intended parents are so identified as the legal parents.

When only one parent is genetically connected to the child, for example when a man uses his sperm to artificially inseminate a surrogate, a prebirth order can also be used to clarify intent. After the birth the surrogate will then sign consent forms terminating her parental rights. The intended mother will then adopt the child. No adoption is necessary if the embryo is transplanted and not linked genetically to the surrogate. A prebirth order protects both the surrogate who has no genetic link to the child and the parents from future misunderstandings or changes of mind.

Same-Sex Couples

The law favors genetic connections. While the laws are quickly changing to allow for full rights of all people including same sex couples, these laws are in flux and rapidly changing. If you are a same sex couple, it may be in your best interest to discuss your situation with a qualified adoption attorney.

Surrogacy Law Changes

As laws grow and change around the country to address surrogacy and all forms of assisted reproduction, it is important to consult an attorney whose work focuses solely on adoption and surrogacy issues. Even though Indiana does not have legislation addressing surrogacy and obtaining parentage orders, we can work to obtain such orders and draft contracts that protect all parties and give effect to their intent.

If you are working with a surrogate or assisted reproductive technology (ART), it may be in your best interest to speak with an attorney whose work focuses on surrogacy, ART and adoption. Call our Indianapolis office at 317-566-2174 to speak directly with an adoption attorney or contact us online. We will respond promptly, usually within 24 hours.