If you are considering carrying another couple’s child, you are contemplating one of the most generous acts imaginable. However, as you explore this journey, you should first ensure that there are legal protections in place to protect you even after your pregnancy.
This is where a pre-birth order (PBO) becomes an essential part of your surrogacy. It ensures that the baby you’ve carried and delivered safely goes to their intended parents along with all the parental and legal responsibilities that go along with it.
The function of pre-birth orders
A pre-birth order is a legal document that recognizes the intended parents of the child and awards them the parental rights even before the baby is born. The intended parents would usually need to request this document from court around your second or third trimester to make it in time for the baby’s birth.
As a surrogate mother, this means that you relinquish parental rights to the child from birth. It cuts any ties you may have with the child. Thus, allowing the intended parents to receive their baby without delays or any complex legal processes.
However, aside from its function of clarifying the role of everyone involved in the surrogacy, pre-birth orders can also protect you in other legal ways
How it protects surrogate mothers
Now that you understand how PBOs work and how it protects the intended parents, you need to understand how it protects you as well. Without a PBO in place after your pregnancy, you could find yourself legally responsible for another couple’s child.
The law will consider you as the child’s legal mother simply because you gave birth to them, regardless of your intentions or surrogacy agreement. For you, this means potential financial obligations, custody disputes and other legal complications you never signed up for.
Instead of healing and feeling proud of the incredible gift you’ve given, you might find yourself dealing with lawyers and court appearances. A pre-birth order prevents all these problems before they can even start. It gives you the freedom to leave the hospital without any parental or legal obligations to the child.
Know how to protect yourself
As you move forward with your decision to become a gestational carrier, ensure that you remain protected even after the child’s birth. Consulting with a legal professional experienced in assisted reproductive law can help you protect your rights during your surrogacy.
Your willingness to help other couples build their families is truly an admirable act of courage. Thus, you deserve legal safeguards that equally match the magnitude of your generosity.