Pre-birth and post-birth orders may be used to establish the parentage of same-sex intended parents. But not all states give intended parents the option of obtaining a pre-birth or post-birth order. In states that allow pre-birth orders, they can be used to pave the way for intended parents at the hospital, to ensure that they are given immediate access to their child and are treated as parents without question. The pre-birth order will also be used to ensure that the birth certificate is issued with the intended parents’ names on it.
Virginia, however, only offers post-birth orders. Because of this, it is my practice to share the gestational carrier agreement with the hospital in advance of baby’s birth to ensure that the hospital understands that the intended parents are the sole parents of baby and should be given all rights of access and decision-making regarding their child. This ensures that our intended parents are treated with the respect they deserve and are not put in the awkward position of having to explain the circumstances of baby’s conception at a time when they should just be focusing on the arrival of their little one.
But what about the birth certificate? In Virginia, we have an administrative process which means the lawyer for the intended parents will apply for the birth certificate directly with the agency that issues birth certificates. The lawyer provides the documentation required and the agency issues the birth certificate based on that documentation.
Are you wondering about the parentage process in Virginia? Questions? Let me know!
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