Pre and Post Birth Orders

PRE & POST BIRTH CERTIFICATE ORDERS

In Colorado, Intended Parents are able to petition the District Court to have their names placed on their child’s birth certificate at the time of birth. It is generally not necessary for the Intended Parents to attend a hearing for this process.
Under 19-4.5-111 Intended Parents are able to petition the District Court to have their names placed on their child’s birth certificate at the time of birth. It is generally not necessary for the Intended Parents to attend a hearing for this process. 

The attorneys for the parties will file a Petition for Determination of Parent-Child Relationship along with Admission of Parentage as applicable for the Intended Parent(s), as well as admissions of Non-Parentage by the Gestational Carrier or Traditional Surrogate and their spouse, if any.  

The Court will issue an Order that each intended parent is a parent of the child and order that parental rights and duties will vest immediately with the intended parents upon the birth of the child. The Order may be issued before the birth of the child- this is commonly known as a “pre birth order” or PBO. The Intended Parents do not need to be genetically related to the child.  

If the Child is born in Colorado, vital records will issue a birth certificate that lists the names of the Intended Parent(s) as the parent(s) of their child.  

If a Court order of parentage is issued in another state, the order must be registered with a Colorado court of competent jurisdiction before being valid in this state.  
If the Intended Parents are same-sex partners, the parents do not need to know who the genetic parent is prior to delivery to obtain an order. Same-sex parents may choose to also do a stepparent or second-parent adoption after their birth certificate is issued.
Child in a costume - Adoption in Denver, CO
International Intended Parents will need to consult with both a Colorado attorney and an attorney in their home country to discuss the immigration implications that may arise from their birth order.
If necessary, we are also able to petition the court to modify a birth certificate post birth to remove the Gestational Carrier and replace it with the Intended Parents.
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