DEFENDING REPRODUCTIVE RIGHTS

PARENTAL RIGHTS

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Overview
What We Do
FAQs

Nothing brings peace of mind like legal establishment of parental rights

Aside from a healthy baby, nothing is more important to intended parents than knowing their status as legal parents of their child is secure.

International Fertility Law Group (IFLG) has helped families created via assisted reproductive technology (ART) from all over the United States and throughout the world achieve this peace of mind. Because our practice is focused exclusively on fertility law, we stay abreast of statutes and case law as they vary from state to state and country to country in this rapidly evolving field.

Because IFLG founder and reproductive law attorney Rich Vaughn became a parent via ART, he understands the concerns of intended parents and their desire to ensure their families are legally protected and secure.

Let us help you achieve the peace of mind that comes with experienced, competent and compassionate legal representation. Contact us today…

PARENTAL RIGHTS

ART Law Focus

We focus exclusively on ART law and stay abreast of laws as they vary from state to state and country to country in this rapidly evolving field.

Establish legal rights to your baby
Ensure Birth Certificates are prepared properly
Liaise with birth hospital
Coordinate birth registry process with state and county
Assist with U.S. passports for children born to international clients
Obtain apostilled documents for international clients

Parental Establishment FAQs

Explain the parental establishment confirmation process.

The parental establishment confirmation process aims to establish your rights as parent(s) and terminate the rights your surrogate (and the surrogate’s husband, if she is married) may be presumed to have under law. The process generally begins once you are safely into the second trimester and in the fourth month of the pregnancy. At that time we will schedule a consultation with you to go over the next steps of the process, discuss the documents that will be prepared, and begin collecting information from you, your surrogate and your IVF physician that we will need to insert into the parentage documents. In the following month, we will draft and file documents for your case in the appropriate state agency or court. In some states, we are allowed to file the matter before the birth and obtain a “pre-birth order”; in others, state law requires that we file for the parental order after the birth and attend a court hearing. International Fertility Law Group has experienced reproductive law attorneys available throughout the United States. The judges who review these types of parental establishment cases are familiar with the subject matter and are generally on a first-name basis with our attorneys. Barring any extraordinary circumstances, a pre-birth order is generally issued two to five weeks after the matter is filed, and in “post-birth” states a post-birth order is generally issued the same day as the post-birth hearing. Certified copies of the parental order confirming your legal rights as parent(s) to your baby are generally available to you shortly thereafter.

What happens if I elect not to go through the parental establishment confirmation process?

Should you elect to bypass the parental establishment confirmation process, then your surrogate (and her husband, if she is married) may still be presumed to be parent(s) of the child (i.e., the surrogate’s and her husband’s rights are not terminated, as they normally would be by the judgment that is issued). Accordingly, your parental rights will not be secured or established, and your name will generally not be placed on the birth certificate of your child.

Is a parental establishment confirmation the same as an adoption?

While there are some similarities, the parental establishment confirmation process is not an adoption, even if the parental order is issued post-birth. Surrogacy parental orders do not generally require a home study and are completed in a fraction of the time typically required for an adoption.

Must we appear in court for the parental establishment confirmation hearing?

In most cases, the parties are not required to make an appearance in court for a parental establishment confirmation hearing. An IFLG attorney will appear on your behalf and answer any questions from the court. If you and the surrogate have agreed, we may be able to represent both of you at the hearing. If your presence is required at the hearing, we will notify you.

Must an attorney represent my surrogate?

While most judges feel more comfortable issuing judgments in cases where both the intended parents and the surrogate are represented by counsel, they may grant a judgment if a surrogate is not represented.

Will our names go directly on the birth certificate?

In some states, the original birth certificate will reflect your names. Other states may allow the names of one or both parents to appear on the birth certificate; it may also be possible to obtain an amended birth certificate. The laws vary from state to state. Please check with our office to discuss your specific situation. International Fertility Law Group has experienced reproductive law attorneys available throughout the United States and abroad.

If a pre-birth judgment is in one state, must our surrogate deliver our child in that state?

Your baby must be born in the state in which the parental establishment judgment was issued in order for the judgment to be recognized by that state’s government agencies, hospitals, etc.; however, there are a few exceptions to this rule, and some state vital records offices will accept a court order issued by another state. This varies from state to state. Please check with our office to discuss your specific situation. International Fertility Law Group has experienced reproductive law attorneys available throughout the United States.

What happens if the surrogate delivers our child while traveling in another state?

If your baby were born in another state, then confirming your parental rights to your baby would fall under the jurisdiction of that state’s courts. Because each state operates quite differently in regard to parental establishment and assisted reproduction law, we suggest that you contact us immediately if you believe there is a possibility that your baby may be delivered in another state. International Fertility Law Group has experienced reproductive law attorneys available throughout the United States.

How long does the finalization process take?

The parental establishment finalization process generally takes about three to four months from start to finish in pre-birth states, and in those states requiring a post-birth filing or hearing, the matters are completed generally within a week of birth, although some exceptions apply.

Approximately how much will the process cost?

We offer single-price, all-inclusive service packages, as well as reasonable hourly rates. Please call our office for further pricing information.

How long must I wait prior to requesting my child’s birth certificate?

The birth registrar at the hospital will provide detailed instructions on how to obtain your child’s birth certificate, but generally you will have to make a written request. Should you have any additional questions after receiving the hospital’s instructions, IFLG will be happy to further assist you.

Will my child’s birth certificate automatically be sent to me?

Your child’s birth certificate will not be automatically sent to you. Generally you will have to make a written request (see #1 above).

Is it possible to obtain my child’s birth certificate within a short time frame?

If an expedited birth certificate is required (e.g., for international clients who need the birth certificate to obtain the child’s passport), please be sure to notify the birth certificate clerk at the hospital when you are completing the hospital’s birth certificate worksheet. Expedited birth certificates can usually be obtained within approximately two weeks after birth, depending on the State and County, and you must pick it up in person.

Will my surrogate’s information be noted on my child’s birth certificate?

Most State Vital Records offices are required to record information about the person who physically gave birth, but this is placed only on the confidential portion of the birth certificate record (usually only in electronic records, not the printed, short-form birth certificate). This is done for statistical purposes only to track the number of births throughout the different regions/counties/cities of the state. The birth certificate you will obtain (sometimes referred to as the short-form birth certificate) will not show this information.

Will my child's social security number/card automatically be sent to me?

You will need to make a written request to obtain your child’s social security number/card. Please check with our office to discuss your specific situation, as the process and necessity for a social security number can differ based on how the birth certificate is prepared and/or can differ for international clients.

What forms must I complete in order to request my child’s social security number/card?

You can obtain an application for a newborn social security number at the U.S. Social Security Administration’s website, at this page: http://www.ssa.gov/online/ss-5.pdf. For additional information about newborn social security numbers, please visit: http://www.ssa.gov/pubs/10023.html. Please check with our office to discuss your specific situation, as the process and necessity for a social security number can differ based on how the birth certificate is prepared and/or can differ for international clients.

What forms must I complete to obtain my newborn child’s passport?

You must complete a US State Department application to obtain a passport for your child. This application can be completed online or downloaded and printed from the United States Department of State’s website, starting at this page here. Along with the application, you must also provide passport photos and a certified copy of the child’s birth certificate.

Is it possible to obtain my child's passport within a short time frame?

If your travel plans require an expedited passport, please notify our office immediately after the birth. We will be more than happy to help guide you in the best way to obtain your child’s passport. You should allow at least three to five business days for this process.

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