Pre-Birth Orders in Maryland
Intended parents considering surrogacy in Maryland need to understand the legal process for pre-birth orders to become legal parents. Surrogacy is legal in Maryland, and most intended parents can easily get a pre-birth order. If a parentage order isn't granted, adoption is also an option. Married or unmarried, you can pursue surrogacy in Maryland. Lawyers have developed a process for getting pre-birth orders, so the intended parents are legally recognized once the child is born.
Understanding Pre-Birth Orders in Maryland
Pre-birth orders in Maryland are used to determine the child's legal parentage and ensure that the intended parents' names are on the birth certificate. These orders are agreed upon jointly by the intended parents and the surrogate before the child is born, and they serve to prevent any legal issues during or after delivery. The purpose of a pre-birth order is to establish the intended parents as the legal parents upon the birth of the child, while stating that the surrogate is not a parent. Once the order is issued, the intended parents obtain all the rights and responsibilities of parenthood.
Maryland Courts grant pre-birth parentage orders in surrogacy cases, regardless of the genetic relationship between the parents and the child. It doesn't matter if the parents are single or coupled, married or unmarried, gay or straight, or even if they are using an egg or sperm donor. The birth certificate is issued in the name of the legal parent as stated in the court order, and the gestational surrogate is not named on the birth certificate. Typically, a pre-birth order can be obtained within 2-3 days without the need for a court hearing.
Same-sex parents can also be named on the birth certificate as Parent 1 and Parent 2 if an order is granted. However, if a same-sex couple wants the birth certificate to show the name of the surrogate and intended father, the court needs to order Vital Records to release that information. It is worth mentioning that if the surrogate is a genetic surrogate using her own eggs, she may have parental rights over the child.
The Process of Obtaining a Pre-Birth Order in Maryland
Obtaining a pre-birth order in Maryland is a straightforward process that ensures a smooth and legally secure surrogacy journey. The first step is to work with an experienced surrogacy attorney who will guide you through the process. The attorney will assist in drafting the necessary legal documents, such as the surrogacy agreement and the parentage order.
Once the surrogacy agreement is finalized, both the intended parents and the surrogate will jointly file a petition for a pre-birth order with the court. The court will review the petition and, if everything is in order, will issue the pre-birth order. This order establishes the legal parentage of the intended parents, ensuring that their names are listed on the birth certificate.
The entire process typically takes 2-3 days, and there is usually no need to appear in court or attend a hearing. It is important to note that the gestational surrogate is not named on the birth certificate issued by Vital Records.
Benefits and Rights of Intended Parents With a Pre-Birth Order in Maryland
With a pre-birth order you have the benefits of legal parentage and the rights to be named on the birth certificate. This means that once the pre-birth order is issued, you are recognized as the child's legal parent from the moment of birth. The birth certificate will reflect your status as the parent, ensuring that you have all the rights and responsibilities that come with it.
Having a pre-birth order in place provides you with legal protection and peace of mind. It eliminates any potential legal issues or disputes that may arise regarding parentage. You can have confidence in your role as the child's parent and make important decisions on their behalf, such as medical and educational choices.
Being named on the birth certificate establishes your parental rights in a clear and official manner. It serves as evidence of your legal relationship with the child and can be used for various purposes, such as enrolling the child in school or obtaining government benefits.
Frequently Asked Questions
What Happens if the Intended Parents Are Not Genetically Related to the Child?
If the intended parents are not genetically related to the child, they can still obtain a pre-birth order in Maryland. The court can declare them as the legal parents, regardless of their genetic connection to the child.
Can Same-Sex Couples Obtain an Initial Copy of the Birth Certificate Showing the Name of the Surrogate and Intended Father?
Yes, same-sex couples can obtain an initial copy of the birth certificate showing the name of the surrogate and intended father. The court must order Vital Records to release it.
What Is the Timeline for Obtaining a Pre-Birth Order in Maryland?
Obtaining a pre-birth order in Maryland typically takes 2-3 days. You and the surrogate agree on the court order before the child is born, ensuring your legal parentage and allowing your name to be on the birth certificate.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice. Surrogacy laws and processes can be complex and may vary depending on specific circumstances. Therefore, it is crucial to consult with a qualified surrogacy attorney or a legal expert in Maryland to navigate through the legal intricacies of pre-birth orders and surrogacy. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Always ensure to stay updated with any changes in the law to ensure compliance and protect your rights throughout the surrogacy process.