Welcoming a new member to the family can be exciting, especially for couples or individuals relying on assisted reproductive technology. However, there are some unique legal issues that can come with this process regarding custody and legal rights of the child, which Attorney Robins could assist with.
Under the previous Michigan law, parents using a surrogate would have to wait until the baby was born and then adopt their own child. Since the passage of the Assisted Reproduction and Surrogacy Act of 2024, Intended Parents can now seek a pre-birth order establishing their parental rights. If you have questions in Michigan, you may discuss your options with a pre-birth order lawyer.
Surrogacy cases in Michigan historically required parents to undergo the stepparent adoption process to formally secure parental rights over the child. This was a complicated and lengthy process that often proved difficult for all parties to navigate. Pre-birth orders enable each party to resolve these legal issues before the child’s birth, significantly speeding up the process.
This type of registration becomes necessary when the intended parents want immediate recognition on the birth certificate. Hospitals require clear documentation of who has the authority to make medical decisions for a newborn. Without pre-birth orders, questions may arise about who can provide consent. Having the intended parents listed from the start ensures that they can act on behalf of their child without delay or interference.
It is also particularly important for families who live outside Michigan or who may be returning to another state or country with their child. Other jurisdictions often require proof of legal parentage, and pre-birth registration provides that certainty in a manner that follows the family. This prevents challenges when crossing state lines or dealing with international authorities.
This process can be invaluable whenever intended parents want to avoid legal disputes or questions about custody. It provides immediate parental authority, allowing intended parents and surrogates alike to navigate this process without legal complications. Let a lawyer handling pre-birth order cases in Michigan answer any questions you might have about how it works.
The Assisted Reproduction and Surrogacy Parentage Act (ARSPA) is the updated state law on surrogacy and other assisted reproductive arrangements. Effective in 2024, it replaced the previous ban on surrogacy contracts, creating clear rules for establishing parentage in these cases.
Under ARSPA, intended parents can secure legal rights before or after birth through court approval, ensuring their names are placed on the child’s birth certificate. The Act protects surrogates, safeguards the best interests of the child, and offers families legal certainty throughout the surrogacy process.
ARSPA requires all parties be represented by Michigan licensed counsel in the negotiation of the agreement and the filing of the pre-birth orders.
If you are going through the surrogacy process, pre-orders will benefit all parties involved. This can help the surrogate, the intended parents, and their families avoid costly, time-consuming delays when all they want to do is bring their new child home. A pre-birth order lawyer at TR Law Offices could help you in Michigan. Contact us as soon as possible for a confidential consultation.
