This is the Buzz word in surrogacy. Pre-Birth Order, simply means a legal document signed by both parties before birth and approved by a judge, that grants the right to place both of the Intended Parents on the Original Birth Certificate.
There are only a handful of states that do this and unfortunately Alaska is not one of them. However, there are some really easy things we can do here in Alaska that cannot be done in other states.
One really great thing that we can do here in Alaska is file an Affidavit for Paternity/Non-Paternity. This is a one page legal document that the Surrogate, her husband and the Intended Father fill out before or just after the birth.
The Husband of the surrogate will fill out this form stating that he is NOT the biological father of the baby and then the Intended Father will fill out his portion stating that he IS the biological father.
This document is then presented to the Vital Statistics office along with the Birth Certificate paperwork. As long as the Surrogate's husband does not contest the biology of the baby, there is no need for a DNA test thus saving a lot of time and money.
If the Intended Parents desire a DNA test, they can have this preformed safely anytime after birth.
Now as crazy as it sounds the only way to get the Intended Mother on the Birth Certificate is through a Step Parent Adoption. Even in the cases of Gestational surrogacy, when the Intended Mother IS the biomom. Unfortunately the American and Alaskan legal system is behind the times when it comes to Surrogacy.
So basically a Step Parent Adoption can be done soon after the birth. All the paperwork can even be filed yourselves. The cost is relatively low.
With a surrogacy, the adoption process is much less nerve wracking since the Intent of all the parties involved was decided prior to conception. There is little worry of the Surrogate changing her mind at any stage of the journey. And having a good solid contract will assist in making the Informed Intent clear to the judge that signs off on the adoption paperwork.
Good news is there have been NO surrogacy cases brought to an Alaskan court.
