One of the most common fears for intended parents when considering surrogacy is the thought that the surrogate who carries their child will want to keep the baby as her own.
Addressing the fear through a comprehensive framework
Couples or individuals may need or prefer surrogacy for a number of reasons. For example, some couples may have trouble experiencing pregnancy and childbirth personally. The state of California in the US is one of the most welcoming states for both those who choose to have their child through surrogacy as well as for women who choose to become surrogates. California has one of the most advanced legal and medical frameworks protecting everyone involved from any medical or legal misunderstanding.
Establishing the intended parents’ rights over their child
The PBO is an identification document, much like a birth certificate, that designates the intended parents as the unborn baby’s parents. The document requires
the court system to assign parental rights to the intended parents, preventing others from claiming custody of the child. The conclusion of this process is a legal judgment provided by the court stating that the intended parents have sole rights over the child.
The PBO helps address the concern that the surrogate will form such a bond with the baby that she will claim it as hers. The anxiety rests in the possibility of the surrogate’s intent to keep the baby and that the legal system within the state might allow it. When the Pre-birth Order goes into effect, neither the surrogate nor the state can claim rights over the child.
Proper and individualized legal counsel
Proper and individualized legal counsel will ensure that the surrogate is able to have the baby for the intended parents bearing no responsibility for the child after it is born, and claiming no parental rights over the child. The PBO will also secure the IPs’ parental rights for the baby through the court system’s judgment.
Omega Family Global provides referrals that only include experienced professionals, who will make sure that every legal aspect is taken care of throughout their surrogacy journey. Once IPs and surrogate are legally represented by proper and individualized counsel, OFG will move forward. Omega ensures that legal counsel will address their clients’ needs without conflict of interest.
The Pre-birth Order process
Many parties are involved in the drafting and execution of the PBO. After legal counsel for both IPs and surrogate agree that the information on the PBO is correct, the document heads for the courts to assign parental rights. Once a judgment is provided, a copy of the PBO is sent to IPs, surrogate, surrogacy agency, and the hospital where the intended parents’ baby will be born.
It is crucial for the PBO to be at the hospital when the surrogate arrives so that there is no question about who the baby’s parents are. This allows for a stress-free environment for both surrogate and intended parents when the baby is born. The hospital will know who the baby belongs to, the surrogate will have completed her purpose, and the intended parents will have no problem taking their baby home.
Working with Omega
If you would like more information regarding the PBO or the legal process involved in surrogacy, please reach out to Omega Family Global. Omega’s Surrogacy Advisers are ready to help you with all the information you need to begin your family growing adventure — and remember:
Omega’s sole purpose is to help your family grow.