Pre-Birth Orders

In certain cases in New Jersey, the biological parents of a child born to a gestational carrier may be able to obtain a pre-birth order (ie A Court Action filed PRIOR to the birth of the child) providing for a process for the child’s biological parents – and not the child’s gestational carrier – to be recognized as the child’s legal parents and named on the child’s birth certificate.

The pre-birth Order is used to guide the hospital and parties in explaining the process and procedures for creating the child’s birth certificate at the hospital to reflect the child’s biological parents and not the gestational carrier as the child’s parents.  In August of 2016, the procedure requires that the gestational carrier  – giving birth in NJ with an unchallenged pre-birth order obtained prior to the birth of the child – execute a surrender and waiver of her rights sometime after the child is more than seventy-two hours old but preferably prior to the fifth day of birth when the hospital has to submit the birth record to vital statistics.

Biological parents who utilize gestational carriers must prepare for and understand the pre-birth order process in New Jersey prior to embarking on a gestational carrier agreement.  The above is just one sliver of voluminous aspects of the gestational carrier/pre-birth order process and you must retain an attorney to advise you fully on all aspects of gestational carrier agreements prior to embarking down this path.

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