Both pre-birth and post-birth orders required.  The pre-birth order will establish the Intended Father's rights and the post-birth order will establish the other parent's rights.

Process begins at week 14 of the pregnancy. 

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


Yes; however, it would still need to meet local requirements (i.e. pre and post birth components).   If an Intended Parent is not genetically related, they must adopt the child(ren).

Birth Certificates

Timing - Varies by county, but the typical time frame is 3-4 weeks.

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.

statutes / case law

Gestational Surrogacy is implicitly permitted by statute.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.


County of the child's birthplace, county of the Intended Parent's residence, or county of the Gestational Surrogate’s residence.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  Yes.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

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)?  Yes.

Will courts igrant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 

Does the couple need to be married?  No.

of counsel

Carmen L. Janssen

Carmen L. Janssen Fertility Law

(515) 223-0395