Parentage Actions and Prebirth Orders

第一步通常需要1-2周时间来起草代孕协议。之后，我们预计会在一周左右收到代孕母亲律师的回复。接下来，我们将进入协议的协商和最终定稿阶段，这需要双方进行一些沟通。需要注意的是，在某些州，文件需要在公证员在场的情况下签署。由于协调时间安排和办理公证手续可能会影响最终所需时间，因此这一额外步骤可能会延长整个流程。

Pre-birth order states require a court to grant an order naming the  intended parents as parents prior to the surrogate giving birth. If the surrogate is in a pre-birth order state, the intended parents' attorney typically starts the pre-birth order drafting between 13 and 20 weeks of pregnancy. The pre-birth order can take a couple months to be prepared, reviewed,  signed by all parties, and then granted by the court. You want to have sufficient time for the pre-birth order to be ready in case there is an early birth.

Public policy favors that children have two parents in their lives. So  one parent, even if they have nothing to dow with the child, cannot  voluntary lose his parentage status. The mother may have full physical  or legal custody, but the child could still stand to inherit or gain  social security benefits from a completely absent father. One way to remove the father is through adoption, where one person is willing to adopt the child and take the place of the father while the other parent remains on the birth certificate. However, with the costs of the home study procedure, this process can be  expensive.Another way would be to do a parentage action, which would likely require a DNA test for one father to replace another

The parties are free to use California law as a matter of choice of law  in a contract. California courts have jurisdiction to determine legal parentage in surrogacy cases if either the intended parents or the surrogate resides in California. It is also possible to file a parentage action in a county for reasons  such as place of embryo transfer, place of birth, and where the contracts are executed.  Not all states accept a surrogacy parentage order from another state. So consult with a knowledgeable ART attorney about what choice of law is best for your situation.

No. Intended parents cannot force their surrogate to have an abortion as it is a violation of the surrogate's bodily autonomy. The surrogacy agreement will outline what the parties agree to regarding abortion and fetal reduction. The parties may agree that the surrogate will follow the intended parents' decision regarding abortion under certain circumstances while she maintains the right to preserve her own life and health. If the surrogate breaks the contract, she may liable under the contract, but ultimately the surrogate makes her own bodily decisions. It is important to go over these sections carefully with your lawyer before signing the contract.

In the event the intended parents divorce or separate and the surrogate is pregnant, the Gestational Surrogacy Agreement will continue as planned. Most agreements will say the custody rights to the child will be resolved by the agreement of intended parents or by a court of competent jurisdiction. The gestational carrier and/or her spouse will not have any parental rights or claim to the child if a separation or divorce occurs between the intended parents.

如果您是一对使用代孕的同性伴侣，那么你们两人都可以被列为孩子的出生证明上的父母——无论是两位妈妈、两位爸爸，还是其他反映你们家庭情况的配置。

要实现这一点，您需要从法院获得亲子关系判决。这是一份法律命令，指示州政府正式承认您二人自孩子出生起即为父母。判决生效后，您的名字将立即出现在出生证明上——无需任何后续的延误或额外的法律手续。请注意，各州的具体流程可能有所不同。但只要获得正确的法律支持，您的家庭将得到保护并获得充分的认可

在华盛顿州和加利福尼亚州等一些州，这并不重要。但在伊利诺伊州等另一些州，你需要有血缘关系才能被认定为父母

在新冠疫情期间，对于身在国外的准父母来说，这种情况变得司空见惯。假设已获得相关判决，医院会承认准父母的身份。然而，如果准父母不在场且未通知医院，孩子将被报告为弃婴，并移交给儿童保护机构。准父母的律师可以通过准备一份授权委托书来避免这种情况，该委托书授权他人（有时是机构人员）代表准父母做出医疗决定、填写出生证明并办理婴儿出院手续。准父母如果无法陪产，务必告知律师，以便律师准备授权委托书

When a surrogate is pregnant, she usually receives monthly compensation while pregnant. If she has a miscarriage, the compensation will stop. She does not need to pay it back if the miscarriage was not her fault. The agreement will describe what happens in the event of a miscarriage. If it is not the surrogate’s fault, she may receive a fee for the  miscarriage and for subsequent surgery.  Whether the contract ends or not also depends on the contract. In some contracts, the contract automatically terminate unless the parties agree  to continue. In other contracts, a miscarriage does not cause the  contract to terminate.