Under the laws of New York, Vermont and New Jersey, regardless of whether either, both or neither of the intended parents are also the genetic parents of the child, if the surrogacy agreement meets all of the particular state’s requirements, the intended parents can obtain a pre-birth order of parentage. This declares the intended parents to be the only parents of the child, allows them to be listed on the baby’s original birth certificate, and allows them to care for their baby at the hospital and take their baby home upon discharge from the hospital. A parentage order is entitled to full faith and credit throughout the United States.
The process for obtaining a pre-birth parentage order is for the intended parents to submit a petition to the court along with a consent signed by the surrogate. Typically, the parties do not have to physically appear in Court. The Court reviews the petition and, assuming everything was done properly, issues the parentage order. This typically happens during the second trimester of the surrogate’s pregnancy.