If you are planning to become a parent through Assisted Reproduction or Step-Parent Adoption, Reproductive Law Center can help you. Our practice is focused on providing legal services for assisted reproductive law and family formation (parental rights law).
Our expert team of attorneys can provide you with highly skilled, confidential legal services that will formalize your parental rights and maintain your privacy. We will be there to support and advise you through the entire legal process. Our decades of experience and proven track record of success in all aspects of Parental Rights law will provide you with the legal protections essential to bringing a new child into your family.
For our clients who reside outside the United States, we are committed to supporting you in the additional legal steps to complete the Parental Establishment process.
Our expert team of attorneys can provide you with highly skilled, confidential legal services that will formalize your parental rights and maintain your privacy. We will be there to support and advise you through the entire legal process. Our decades of experience and proven track record of success in all aspects of Parental Rights law will provide you with the legal protections essential to bringing a new child into your family.
For our clients who reside outside the United States, we are committed to supporting you in the additional legal steps to complete the Parental Establishment process.
All communications between Reproductive Law Center and our clients are secret and confidential by the law of attorney-client privilege, which is valid throughout the United States. To represent you, we must first have a written attorney-client agreement; then we can exchange confidential information freely.
We accept referrals from assisted parents, from egg donor, embryo donor, and surrogacy agencies, from physicians, psychologists, and attorneys, and from other interested persons. Our law offices are fully equipped with highly trained paralegal and administrative staff to assist in serving our clients. We offer single-price, all-inclusive service packages or reasonable hourly fees. Your initial consultation is free.
The parental rights confirmation process will establish your rights as the legal parents and terminate the rights of your surrogate (and her husband, if she is married). The process generally begins once you are safely into the second trimester. After you formally retain our firm for this step in the process, we will draft and file pleadings for your case in the appropriate state court, and schedule a court hearing if required. The judges who review these types of cases are familiar with the subject matter and are generally on a first name basis with our attorneys. Generally only one of our attorneys is required to appear for the hearing and in most cases the parties will not be required to appear. Barring any extraordinary circumstances, a judgment is generally issued the same day as the hearing and certified copies of the judgment are generally available to you shortly thereafter.
Should you elect to bypass the parental rights confirmation process, then your surrogate (and her husband, if she is married) would be presumed to be the parents of the child as her and her husband’s rights are not terminated, as they normally would be by the judgment that is issued. The state would not allow your names to be placed on the birth certificate and your parental rights would not be secured or established if you do not complete this process.
While there are some similarities, the parental rights confirmation process is not an adoption. It generally does not require a home study or background check (which is required in an adoption) and is completed in a fraction of the time.
In most cases, the parties are not required to make an appearance in court. An attorney from our office will appear on your behalf and answer any questions from the court.
While most judges feel more comfortable issuing judgments in cases where all parties are represented by counsel, they may grant a judgment where the surrogate is not represented, but this is not recommended.
In most states, the original birth certificate will reflect both parents’ names. Other states may allow the names of one parents to appear on the birth certificate; an amended birth certificate to allow both parents at a later date may also be possible. Please check with our office to discuss your specific situation. Reproductive Law Center has attorneys available nationwide to advise our clients.
The child must be born in the state in which the judgment was issued in order for the judgment to be recognized by that state’s government agencies, hospitals, etc.
If a child is born in another state, then confirming your parental rights falls under the jurisdiction of the courts of that state. Because each state operates quite differently, we suggest that you contact us immediately if you believe there is a possibility that a delivery in another state may occur.
The parental establishment process can take anywhere from about two to three months depending on the state and county where your surrogate resides.
While costs do vary from state to state, on average, the finalization process ranges between $3,000-5,000.
How to Obtain a U.S. Birth Certificate for a Baby Born through Surrogacy
Generally, you will have to make a written request to obtain your child’s birth certificate. This can most easily be done using www.vitalchek.com
For births occurring within the State of California, you should allow about 6-8 weeks after the birth before requesting your child’s birth certificate. For births occurring outside the State of California, please contact our office for further information.
This will generally only be done for international clients who need to leave the U.S. within a few weeks after birth. Upon completing the birth certificate worksheet at the hospital following the birth, please be sure to notify the birth certificate clerk at the hospital that you need an expedited birth certificate. Expedited birth certificates can usually be obtained within 5-10 business days.
For births occurring within the State of California, the Office of Vital Records requires that the birth mother’s address be noted on the confidential portion of the birth certificate. This is done for statistical purposes only to track the number of births throughout the different regions/counties/cities of California. The birth certificate you will obtain will not show this information. For births occurring outside the State of California, please contact our office for further information.
How to Obtain a U.S. Social Security Number for a Baby Born through Surrogacy
You will need to make a written request to obtain your child’s social security number/card.
How to Obtain a U.S. Passport for an International Newborn
You must complete an application to obtain a passport for your child. This application can be completed online or downloaded or printed from the United States Department of State’s website, starting here.
If your travel plans require an expedited passport, please notify our office immediately after the birth. We will be more than happy to help you obtain your child’s passport. You should at least allow 5-7 days for this process. You can go to a regional passport office for expedited service or we also use an expediting service, A Briggs, to help expedite passports. Please click on the link below to go directly to their website.
