Parental Establishment (Prebirth & Postbirth Orders)
Peace of mind for parents, surrogates, and donors.
Aside from a healthy baby, nothing is more important to intended parents than knowing their status as legal parents of their child is secure. Obtaining a parentage order does just that — ensuring that when the court makes a final determination as to who the baby’s legal parents are, it reflects the intentions stated in the parties’ surrogacy or donation agreement.
Drawing from our unique expertise, we draft and file legal documents asking the court to determine that the intended parent(s) are, in fact, the legal parents of any child born as the result of a third-party reproductive arrangement.
If necessary, we will appear for and guide our clients through any court hearings. Once the court approves the request, it will issue a final order reflecting the intended parents as the legal parents. An order issued prior to birth of the child is a prebirth order, and an order issued after the birth of the child is a postbirth order.
Frequently Asked Questions
What is the process of establishing parental rights?
Generally, a petition to establish parental rights (also known as obtaining a “prebirth order” or “PBO”) is filed with a court by one party’s attorney. This petition is a request for a judge to sign an order making a determination about who the child’s legal parents are.
Will I have to go to court?
It depends on the judge, but usually not if all parties are represented by experienced fertility counsel and a request for a prebirth order is made before the child is born. However, a judge may decide to have a hearing if the baby is already born or if one or both parties is not represented by an attorney. This is why independent legal counsel experienced in fertility law can streamline the PBO process.
How long does it take to establish parental rights?
It depends on the court, but usually within one or two weeks from when all PBO documents are filed.
What is the difference between a pre-birth order and a post-birth order?
The answer is just as it sounds. A prebirth order occurs prior to the birth of the baby. A postbirth order occurs after the birth of the baby. When possible, it is preferable to obtain a prebirth order as the process is usually more straightforward.
What happens if I decide not to establish parental rights through court?
Without an order from a court making a final determination of legal parentage, parents risk another person challenging their parental rights, which could result in another person gaining custody of the child. This is why a prebirth or postbirth order is required in surrogacy and strongly recommended in egg and embryo donations.
How long does it take to obtain a birth certificate?
Most Montana birth certificates can be obtained within a few weeks from the initial request. However, some orders may take longer due to COVID-19, peak request periods, or if additional documentation is required.
Will the recipient parents’ names go directly on the birth certificate?
If requested by our client, we can provide the applicable government authorities with documentation in advance so that the birth certificate lists the intended parents on the birth certificate.
If the intended parents and surrogate/donor live in a different state, in which state should a petition to establish parental rights be filed?
Generally, in the state where the child is to be born.
We gladly offer free consults to potential clients.
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