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Establishment of Parental Rights/Parental Judgments
- How To Get Your Name On Your Baby's Birth Certificate
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Getting your name directly on your baby's birth certificate must be done by a firm that knows specifically what is required by your state - a firm that is clear on both the requirements of the court and your respective embassy (if you are an international client). The finalization process generally takes about one month from start to finish, and in most cases, the parties are not required to make an appearance in court. Our attorney will make an appearance on behalf of all of the parties and answer any questions from the court on your behalf. While some may compare this process to adoption, the parental establishment process is not an adoption. It does not require a home study, background check and is completed in a fraction of the time, generally without a court appearance by any of the parties. |
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The parental establishment process aims to establish your rights as parents and terminate the rights of your surrogate and her husband (if applicable). The process generally begins once you are safely into the second trimester. After formally engaging our firm, we will draft pleadings, which will be filed with a Superior Court. The judges who review these types of cases are familiar with the subject matter and are generally on a first name basis with our attorneys. After circulating the pleadings for review and signatures, your case will be filed generally one week before the scheduled court hearing. Barring any extraordinary circumstances, a judgment is generally issued the same day as the hearing and certified copies are generally available to you the following week. While costs do vary from state to state, on average, the finalization process ranges between $2,500-5,000.
When you do undergo the parental establishment process, for births occurring within the State of California, the birth certificate will reflect your names on the birth certificate. Other states may allow the names of one or both parents to appear on the birth certificate; please check with our office to discuss your specific situation. However, in the event you choose not to undergo the parental establishment process, then your surrogate and her husband (if applicable) may still be presumed to be the parents of the child (i.e. her and her husband's rights are not terminated, as they normally would be by the judgment that is issued). Conversely, your rights may also not be secured or established if you do not complete this process. Specifically, whichever state the child is born in will determine the jurisdiction over the child for the establishment or confirmation of your parentage rights and the termination of the surrogate's and her husband's parentage rights. Because each state operates quite differently, we suggest that you contact us for further information.
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