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How to Prepare Legal Documents for Your Baby Born via Surrogacy in the U.S.

Bringing your baby into the world through surrogacy is a remarkable journey—and once your little one arrives, the next chapter begins: legal documentation. Whether you’re an international or U.S.-based Intended Parent, completing your baby’s legal paperwork efficiently is crucial to ensure a smooth return home and future stability.

Here’s a complete overview of the steps to prepare essential legal documents for your baby born through surrogacy in the United States.

📄 Step 1: Obtain the Official Birth Certificate

After your baby is born, the hospital will initiate the birth certificate process with the local vital records office. Depending on the state, you may receive:

  1. An initial birth certificate listing the surrogate
  2. Or, if a pre-birth order (PBO) is in place, a certificate listing the Intended Parents directly

Turnaround time varies by state, from a few days (California) to several weeks (Texas or Nevada).

🖋️ Step 2: Request an Apostille for International Use

For international families, the apostille is often required to authenticate the U.S. birth certificate for use in your home country.

  1. Where to apply: Secretary of State office in the state where the birth certificate was issued
  2. What you’ll need: Original certified birth certificate, apostille application form, and fee

States like New York, California, and Texas have different processing times and document requirements—working with a service like MAR can save time and prevent rejections.

🛂 Step 3: Apply for the Baby’s Passport

A U.S. passport is essential if your child will travel internationally. Both legal parents must:

  • Complete Form DS-11
  • Provide the baby’s certified birth certificate
  • Appear in person (or submit a notarized parental consent if one cannot attend)

Appointments may be booked at local passport agencies or U.S. embassies if you’re overseas.

At MAR, we guide every family step-by-step, from delivery room to documentation. Our goal is to take the stress off your shoulders so you can enjoy those precious early days with your newborn.

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