The Use of Prebirth Parentage Orders in Surrogacy Proceedings

Abstract

Prebirth parentage orders are often sought by parties to surrogacy agreements to formalize the intent of the parties to the agreement before the child is born. Such orders declare the intended parents to be the legal parents of the child. This article discusses the benefits of such orders, as well as the difficulties in obtaining them. The availability and efficacy of prebirth parentage orders depends on many factors including the type of surrogacy arrangement, the state law that governs the proceeding, and whether the parties are in unanimous agreement. This article analyzes the various factors which impact whether obtaining a prebirth parentage order is possible and whether such an order is enforceable in several representative jurisdictions in the United States.

Keywords: Surrogacy, Assisted Reproductive Technologies, Family Law

JEL Classification: K19, K39