Can You Get a Pre-birth Order For a Child Born by Surrogacy in South Dakota?

Pre-birth orders are a valuable tool for ensuring that intended parents are the legal parents of their child born by surrogacy.  Pre-birth orders have benefits for intended parents and surrogates alike.  By obtaining a pre-birth order, intended parents do not have to go through the expensive adoption process to adopt their own child.  They can take their child home from the hospital, secure in their legal parenthood.  A pre-birth order also ensures that the intended parents are listed on the child’s birth certificate, and not the surrogate.

Additionally, the surrogate does not have to worry about the risks associated with being the legal parent of the child, such as medical bills for the child.  It is extremely unlikely that an intended parent will refuse to accept their child born by surrogacy, but even this almost unheard of possibility makes getting a pre-birth order important to surrogates as well as intended parents.  For anyone involved, a pre-birth order saves headaches and worries.

Pre-birth orders are available in South Dakota and frequently used by intended parents and surrogates.  To obtain a pre-birth order, the parties must petition a Circuit Court to determine parentage.  Often, this involves submitting the gestational carrier agreement, affidavits from the parties, and information from the IVF clinic.

It is critically important to get the pre-birth order right.  Since the law assumes that a woman giving birth is always the mother of the child, an error in the parentage process can result in the surrogate being named a legal parent of the child.  This can be difficult to rectify without significant expense and time.  It is critically important that the intended parents and the surrogate have independent attorneys who will represent them and ensure that the process is done right.

If you are considering a South Dakota surrogacy journey, or you need to obtain a pre-birth order, contact Gehling Osborn Law Firm.