International Paternity Pre-Birth Orders
International surrogacy arrangements involve many layers of complexity. You are dealing with the laws of two countries. Experienced legal guidance early on in the process is essential for making sure that you are legally recognized as your child’s parent.
For international clients considering a California-based surrogate, the best approach is typically a two-pronged one. You should enlist the help of a California attorney who is well-versed in state surrogacy laws. Additionally, you should find trusted legal counsel in your home country to work with you on successfully bringing your baby home.
Lay The Foundation For A Successful International Surrogacy
For knowledgeable guidance on California’s surrogacy laws, contact me, San Diego-based attorney Erin O’Kane Allen. I focus exclusively on the niche field of reproductive rights law. This means I am intimately familiar with the legal technicalities that international clients encounter when they pursue surrogacy in California.
I work with lawyers in other countries to make sure that my clients take all the necessary steps for establishing legal parenthood as quickly and effectively as possible — from drafting the surrogacy agreement to pursuing paternity pre-birth orders and addressing other legal documents for your newborn.
Identifying And Overcoming Challenges To Your Parental Rights
A key challenge in the international surrogacy process has to do with establishing your parental rights in your home country. The requirements differ depending on your country of origin. For example, you may have to initially list the surrogate as the mother on the birth certificate, and then pursue an amendment to reflect the intended parent.
Single parents and same-sex couples may face additional legal hurdles. Although California law treats you equally, your home country may not recognize your parental rights. It is far better to be aware of these issues — and to explore potential solutions — before you embark on the surrogacy process.