D.C.
PRE BIRTH OR POST BIRTH ORDER
Pre-birth
Process begins at week 14 of the pregnancy. Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.
Order becomes effective at the moment of birth.
Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
|
One Bio Connection |
√ |
√ |
√ |
√ |
√ |
Two Bio Connections |
√ |
√ |
√ |
√ |
|
No Bio Connections |
√ |
√ |
√ |
√ |
√ |
ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER
Unknown.
Birth Certificates
Timing - Varies by county, but the typical time frame is 10 business days, as long as the Pre-birth Order is issued 4-6 weeks prior to the birth.
Title - Parents can choose to be listed as father, parent, or mother.
GC - The initial birth certificate can include the name of the GC with the name of an IP. The birth certificate can later be revised to remove the name of the GC.
Venue
The child's birthplace, the Intended Parent's legal residence, or the Gestational Surrogate’s legal residence. If based on residence of Intended Parents or Gestational Surrogate, the Intended Parent or Gestational Surrogate must have actually resided in D.C. for a minimum of one year prior to the filing of the petition.
Do results vary by venue? No.
Are motions to waive venue accepted? N/A.
Electronic signatures / e-notarizaTIONS
Unknown.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? No.
Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? No; however, a home study is not required with the Intended Parents are married.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.
Does the couple need to be married? No; however, a home study is not required with the Intended Parents are married.
of counsel
Meryl B. Rosenberg
ART Parenting
1004 Willowleaf Way
Potomac, MD 20854
(301) 217-0074