Judgement of Parentage (Establishing Legal Parentage in Surrogacy)

Why must I obtain a Judgment of Parentage?

The legal contract you and your surrogate entered into is just the first part of the surrogacy process. The finalization process or Judgment of Parentage is a court action to legally establish your rights as the child’s legal parents and terminate any parental rights the surrogate and/or her spouse would have to your child. If one decides not to complete this very important process, your surrogate may still be viewed as the child’s natural parent by way of giving birth. And, consequently without proper legal documents, the hospital would most likely issue the child’s birth certificate listing the surrogate as the mother.

What is involved in finalizing status as my child’s legal parent?

When specific counties allow, a judgment (also referred to as a “pre-birth order”) can be obtained pre-birth and would normally be started somewhere between the fourth and seventh month of your surrogate’s pregnancy. There are some situations where we may suggest that one parent needs to “adopt” the child (see procedure for this under Step-Parent/Second Parent Adoption). When you meet with an attorney from our office we will advise you on which manner you must proceed. Legally this is your final step.

Each county can have specific rules and/or requirements for supporting documentation (pleadings)and court forms submitted as well as specifics regarding jurisdiction. Some counties may require a court appearance and all parties to be independently represented at the hearing but many do not.

The time frame to obtain a judgment can take several months mostly due to the courts availability to review the documents and/or set the matter for hearing. Keeping this in mind, if your surrogate becomes high risk at any point of the pregnancy or if your surrogate is pregnant with multiples, we may choose to file earlier in order to ensure the judgment is in place prior to the birth of your child (ren).

Once the judgment is obtained, we will forward a certified copy to the hospital your surrogate will be delivering at (many hospitals are now very familiar with these arrangements and have a specific protocol in place to ensure the transition goes smoothly for everyone) and I always advise keeping an additional copy in your hospital bag in case the hospital misplaces the documents.

It is very important that the judgment be obtained and provided to the hospital birth records department in order to prevent the Surrogate’s name being listed on your child’s birth certificate.

How do I obtain my child’s birth certificate?

Once the hospital has sent over the documentation (birth certificate form/worksheet) to the California State Department of Vital records, usually the office in the county your child was born, you have the option to request a copy in writing or go directly to the local Vital records office and obtain a copy in person. This can be done by going to the State website http://www.cdph.ca.gov/Pages/default.aspx or by the calling the Sacramento office at (916) 558-1784. We recommend calling the local Vital Records office first especially if it has been a short amount of time since your child’s birth.

What is the average waiting time to obtain my child's birth certificate?

The Sacramento office currently indicates the average time frame to obtain a birth certificate is six months however, in our experience three months is generally sufficient to submit your request.

What if I reside outside the country or have plans to travel outside the country and need the birth certificate to obtain a passport or just need the birth certificate within a short time frame?

Many times the hospital birth records department will assist in facilitating this request. Be certain to speak with the birth certificate clerk or social worker at the hospital immediately following your child’s birth and make them aware that you need their assistance in obtaining an expedited birth certificate. Normally, with their assistance the data from the child’s birth can be processed through the local Vital records office allowing you to obtain the birth certificate at the local office sometimes in two weeks or less. Still we suggest you plan accordingly and extend your stay here allowing sufficient time to obtain the birth certificate.

How do I obtain a passport for my newborn?

An application must be completed which can be down loaded directly from the United State's Department of State website. Once completed, you will need to take the application along with your child’s birth certificate to the nearest passport office. To confirm additional requirements or request an expedited passport, please contact U.S. Department of State directly. http://www.travel.state.gov/passport/forms/ds11/ds11_842.html.

How do I complete the citizenship process in my own country (non US Citizens)?

We are only able to provide you with legal advice as to the laws pertaining to California. We advise prior to starting your surrogacy journey to fully investigate the laws and requirements in your country so that you can be prepared for the next necessary steps once you return home with you child. While here in California after the birth of your child, you may be able to obtain additional or alternative information regarding passports or citizenship by visiting to your Country’s specific USA/California located Consulate/Embassy prior to your departure.

Consulates and Other Foreign Government Representatives in California
http://www.pacificcoasttravelinfo.com/californiaconsulates.asp

List of all Countries Embassy Websites
http://www.state.gov/s/cpr/rls/dpl/32122.htm