Legal
What Is a Pre-Birth Order and How Does It Protect Your Family?
March 20, 2026 · 6 min read · On Fertility Ground Surrogacy
A Pre-Birth Order (PBO) is a court order that establishes the Intended Parents as the legal parents of the child before the baby is born.
How It Works
Around week 28-32 of pregnancy, the Intended Parents' attorney files a petition with the California Superior Court. The court reviews the Gestational Surrogacy Agreement and issues the order — typically within 2-4 weeks.
What the PBO Does
- Places the Intended Parents' names on the birth certificate
- Establishes legal parentage before delivery
- Eliminates the need for any adoption proceedings
- Gives Intended Parents immediate legal authority for the child's medical care
At the Hospital
When the baby is born, the hospital has the court order on file. The Intended Parents are legally recognized as the parents from the moment of birth. There is no custody dispute. There is no waiting period.
From Our Founder
Bree — Founder & CEO, On Fertility Ground
The Pre-Birth Order is the document I talk about most when I explain why California is where families should do this. Your name is on the birth certificate before your baby is born. There is no ambiguity at the hospital. There is no paperwork delay.
For families who have already been through so much — fertility treatments, loss, years of trying — the clarity of the PBO is not a legal technicality. It is the moment when everything becomes real and certain in a way it has not been before.
— Bree | info@onfertilityground.com
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Whether you're considering surrogacy as a surrogate or an intended parent, we're here to answer every question personally.
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