Phase 2 of the Legal Process for Surrogacy
In many states, including Ohio, surrogacy is a two-phased legal process. Securing a birth order through a parentage action is the second phase.
The process for securing a birth order in a timely fashion relies upon an attorney's good relationship with the court and its personnel. In Ohio, there are no statutes regarding surrogacy specifically, so every county must determine the process it will use to determine parentage. Court orders are generally obtained prior to birth.
Work for the birth order ideally begins at 18-20 weeks of pregnancy. The fertility law attorney drafts the pleadings that will be reviewed and signed by the intended parent(s), surrogate (and her spouse, if married), and the fertility physician.
For international intended parents, the fertility law attorney must also coordinate with home counsel to make certain intended parent(s) obtain the necessary documents for parentage and citizenship upon their return home. This may include an additional post-birth order, apostilles, and multiple birth certificates.
In Illinois, a birth order establishing a parent-child relationship is not required so long as the Illinois statutory requirements have been satisfied. Nonetheless, certain intended parent(s) may wish to secure a birth order or pursue an adoption.