A Legal Guide for Intended Parents and Gestational Carriers
Law Offices of Ethan M. Weisinger, Inc.
Family Formation & Assisted Reproduction Law Division
What Is a Pre-Birth Order?
A pre-birth order (also called a judgment of parentage) is a court order obtained during pregnancy that establishes the intended parents as the legal parents of the child carried by a gestational surrogate.
In California, this process is authorized under Family Code §§ 7960–7962 and well-established case law (Johnson v. Calvert (1993) 5 Cal.4th 84).
Once issued, the order ensures that the intended parents’ names appear on the child’s birth certificate from the moment of birth and that they are recognized as the child’s sole legal parents.
Benefits for Intended Parents
A pre-birth order provides clear and immediate protection for intended parents by:
- Establishing Legal Parentage Before Birth
Confirms that the intended parents — not the surrogate — are the child’s legal parents from the moment of delivery. - Ensuring the Correct Birth Certificate
Directs the hospital and the Department of Public Health to issue a birth certificate naming the intended parents immediately after birth. - Granting Medical Decision Authority
Allows intended parents to make medical and custodial decisions for the newborn as soon as the child is born. - Simplifying Hospital Procedures
Enables parents to wear infant ID bracelets, room-in with the newborn, and be recognized as the legal guardians by hospital staff. - Avoiding Post-Birth Adoption or Court Filings
Eliminates the need for post-birth adoption proceedings or parentage confirmation hearings. - Protecting Against Legal Disputes
Prevents any claim of parentage or custody by the surrogate or her spouse. - Supporting Insurance and Benefits Coverage
Allows immediate enrollment of the newborn on the parents’ health insurance plan. - Providing Emotional Security and Continuity
Gives the intended parents peace of mind and clarity during the delivery process, supporting healthy bonding from birth.
Benefits for the Gestational Carrier
A pre-birth order also protects the surrogate by:
- Relieving Her of Parental Responsibilities
Confirms that she and her spouse (if any) are not legally responsible for the child. - Preventing Administrative Confusion at the Hospital
Clarifies that the intended parents, not the surrogate, will make all newborn care decisions. - Honoring the Terms of the Surrogacy Agreement
Reinforces that her role is gestational, not parental, consistent with the parties’ intent. - Providing Emotional Closure
Affirms her legal and emotional separation from parentage at delivery.
Legal Requirements for a Pre-Birth Order in California
To obtain a valid pre-birth order, California law requires:
- A written, notarized surrogacy agreement executed before any embryo transfer;
- Independent legal counsel for both the surrogate and the intended parents;
- A clear statement that the intended parents will be the child’s legal parents;
- Filing of a Petition for Judgment of Parentage in the appropriate Superior Court (typically in the county of birth);
- A short, uncontested court process—often decided by declaration without a hearing.
After the Order Is Granted
Upon issuance of the judgment:
- The hospital is authorized to recognize the intended parents as the legal parents at birth;
- The Department of Public Health issues a birth certificate listing the intended parents;
- The surrogate has no further legal obligations or rights;
- No additional post-birth adoption or hearing is required.
Our Firm’s Role
The Law Offices of Ethan M. Weisinger, Inc. assists both intended parents and surrogates throughout the surrogacy process, including:
- Drafting and reviewing surrogacy agreements under Family Code § 7962;
- Coordinating filings and court appearances for pre-birth parentage orders;
- Communicating directly with hospitals and vital records departments;
- Ensuring compliance with California and international parentage standards.
For More Information
Law Offices of Ethan M. Weisinger, Inc.
Bay Area Family Law Center — Assisted Reproduction & Family Formation Division
📞 (__) – 📧 info@weisingerlaw.com
🌐 www.bayareafamilylawcenter.com
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your State.