surrogacy birth certificate

Surrogacy Birth Certificates – Whose Name Goes on the Birth Certificate?

In July 21, 2020

For some couples, having a baby means asking for the assistance of a surrogate mother. Whether a couple is struggling with fertility issues, or perhaps a same sex couple needs the assistance of a surrogate mother, getting the help from a surrogate may be necessary to make their dreams of having a family come true. Surrogacy is defined as “the process of giving birth as a surrogate mother or of arranging such a birth”. For couples who need to employ the assistance of a surrogate, there are many steps to go through and several matters to consider when planning out this next big step for your family. 

Since intended parents will likely have many questions during the surrogacy process, today we’ll talk about surrogacy birth certificates and whose names should be on your new baby’s birth certificate. Intended parents are those individuals who are looking to start a family by utilizing the help of a surrogate mother. It’s recommended that intended parents seek assistance from a surrogate agency to ensure their rights and the rights of the surrogate mother are protected and the process is handled professionally. 

Surrogate Birth Certificates – Whose Name Goes on the Birth Certificate?

When it comes to surrogate birth certificates, there are a few factors to consider. In many states, a pre-birth order must be filed before the birth of a surrogate child. This pre-birth order directs hospital staff to accept the intended parent’s names on the birth certificate once a child is born with a surrogate mother. This pre-birth order gives intended parents the right to make medical decisions for their new baby, helps establish parental rights for important legal matters like health insurance coverage, allows the intended parents to take custody of the new baby upon delivery, and allows for the baby to be discharged to the intended parents after the surrogate mother’s delivery and hospital stay.

Surrogacy laws vary from state to state. If you and your spouse are looking to use the help of a surrogate, it’s best to research surrogacy laws in your state to determine what route you’ll need to take legally. When it comes to whose names will be on your new baby’s birth certificate, each state is different. In some cases, a pre-birth order is necessary to dictate this step. In other states, pre-birth orders are not an option. In these situations, your new baby’s surrogacy birth certificate will need to be amended after the baby is born. This usually requires further legal action such an adoptive parent or step parent adoption court order. In cases where same-sex parents use a surrogate, secondary adoption paperwork may need to be filed to add your spouse to the birth certificate. 

using a surrogate mother
In the case of same sex parents, using a surrogate mother may be their only option. In some states, same sex couples who utilize the help of a surrogate may be required to go through legal adoption steps to have one spouse added to the birth certificate.

When it comes to traditional surrogacy, the surrogate mother is listed as the biological mother on the birth certificate with the intended father listed as the biological father. If your surrogate goes through an embryo transfer, the biological parents should be listed on the birth certificate based on the embryo’s biological parents. 


While there are many different options to consider and hoops to jump through when it comes to using a surrogate mother to complete your family, surrogacy agencies can be a great resource to help you during this exciting process. Once your new baby is born, be sure to take the correct  legal steps to amend or correct your baby’s birth certificate. You’ll need to obtain certified copies of your baby’s birth certificate once you’ve sorted out whose name goes on it. We know this is just one of the many important steps involved in using the help of a surrogate mother, but we know you’re up for the task! Congratulations on this next big step in growing your family!

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