PARENTAL RIGHTS

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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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Overview

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.

What We Do
  • 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

FAQs

Parental Establishment FAQs

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.

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.

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.

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.

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.

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.

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.

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.

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.

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