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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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We are getting ready to do a surrogacy with my sister being

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We are getting ready to do a surrogacy with my sister being the surrogate. We all live in Ohio. I am not sure how or if we can get a birth order at the time of birth. Or do my husband and me have to "adopt" our own child? Would it be easier for my sister to "give up her rights" so to speak even though she is not biologically related to the baby?

Hi Customer:

you and the child's father are the parent in the eyes of the state. There should not be any trouble unless your sister creates it. Your sister has no rights to the child, so there is nothing for her to give up.

Hypothetically, she could claim that the child actually is hers, in which case you would need to bring a paternity/maternity action in court to prove your parentage by genetic testing. It would be just like a dispute over who the father of a baby was, except it would be over who both parents were. Unless she does this, however, the legal side of things will not be an issue. Congratulations!

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Customer: replied 8 years ago.
would we get a pre birth order so when the baby is born our names would be on the birth certificate? Not sure how to make this a smooth and easy experience, without any complications. Someone had told me they thought that my husband could be on the birth certificate but then I would have to "adopt" him/her to get my name on the birth certificate.

I wouldn't characterize it as "adopting", but one can petition the court to get the mother's name changed on the birth certificate. most courts will not permit an order of this nature until after the child is actually born. Plan on taking the baby home from the hospital. You may want to hire an attorney to put the paperwork together for you, but that's a personal decision. You can basically plan on just doing everything that you would if you gave birth yourself, except that there's a bit more paperwork once it is all done.

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