…but seeing as how I’m too wired to sleep and I can’t find anything good to watch on TV at 1:32 am (or at least sufficiently-brainless-but-not-so-boring that I can manage to fall asleep), I decided to make a blog check and found that k77 from over at Scarred Bellybutton (I hope you find your phone, cute cats, and even cuter scan, by the way) asked some excellent questions in response to my last post. Knowing that others may be wondering about the same things, I felt the answers were worthy of a post of their own, so here they are:
How does it work legally once the baby is born, considering it’s international?
In most GS arrangements (domestic and international), sometime around 24-32 weeks of pregnancy the attorney, IPs, GS, and her husband (if applicable) petition the court in the county of delivery for what’s called a pre-birth order (PBO). It sounds very formal but it takes all of 10-15 minutes, and in some counties it is possible to do it all by mail. What happens is the judge is presented with the original contract and the lawyer explains that the baby is not the genetic offspring of the GS and her husband, but IS the genetic offspring of the IPs. The GS and husband relinquish all parental rights and the IPs officially assume them. The judge then awards the PBO, which is the legal document that explains the nature of conception and establishes parentage.
The PBO is used for various reasons, such as helping to add the child/children to the IPs’ insurance policy immediately after delivery and also to help ensure that the hospital staff is aware of and is prepared for the dynamics of a GS delivery. Most importantly, the PBO makes it possible for the IPs’ names to immediately be placed on the birth certificate, versus the surrogate’s name being placed on the birth certificate and the IPs having to do a legal adoption of their own child. In the case of most international surrogacies, having IPs’ names on the birth certificate is critical because it establishes the fact that they are the parents of a child who has full American citizenship.
Establishing the child’s citizenship in the IPs’ country of origin varies by country. In our case (and the case of many other international arrangements) something akin to this happens: Mia will be here for the the month prior to delivery and for about a month after delivery. Urs will definitely be here for the delivery, but the length of time he will be here (before and after delivery) will depend on his work schedule. Mia will stay here long enough to receive the baby’s birth certificate, which will then make it possible for her to procure a passport. When she returns home with the baby, she and Urs will be able to go to their town hall, present the baby’s US birth certificate with them listed as the parents, and will be able to get a second passport from their country. That passport establishes the child’s full and legal citizenship of its home country.
Does anyone else notice the absolute absurdity in the titles of the late night/early morning soft-porn movies that are knock-off versions of big screen blockbusters? The Bare Wench Project is on, to be followed shortly by The Sexed Sense. I see stupid naked people. I am going sleep now.