The Use of Prebirth Parentage Orders in Surrogacy Proceedings

30 Pages Posted: 21 Mar 2006

See all articles by Steven H. Snyder

Steven H. Snyder

Steven H. Snyder & Associates

Mary Patricia Byrn

William Mitchell College of Law

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

Suggested Citation

Snyder, Steven H. and Byrn, Mary Patricia, The Use of Prebirth Parentage Orders in Surrogacy Proceedings. Family Law Quarterly, Vol. 39, pp. 633-662, Fall 2005, Available at SSRN: https://ssrn.com/abstract=889073

Steven H. Snyder

Steven H. Snyder & Associates ( email )

11270 86th Avenue North
Maple Grove, MN 55369
United States

Mary Patricia Byrn (Contact Author)

William Mitchell College of Law ( email )

875 Summit Avenue
Saint Paul, MN 55105
United States
651-290-6478 (Phone)

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