Where should the pre-birth order (PBO) be done?

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Jan 20

Learn the answer to this week's user-submitted question about surrogacy in this week's installment of Ask a Surrogacy Expert! Have a question about surrogacy that you'd like answered? Submit it at brightfuturesfamilies.com/ask

Where should the pre-birth order (PBO) be filed — in the state where the baby will be born, where the intended parents live, or somewhere else? In this quick expert breakdown, Amanda explains how jurisdiction is determined, why the birth location often matters most, and how your legal team ensures parentage is properly established before delivery.

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Hey, everyone, it's Amanda, Director of Bright Futures Families Surrogacy, with this week's Ask Question. And today's question is, where should the PBO be done? Well, it should be done in the state in which the surrogate lives, which also means the state in which your baby would be born. So not in the state in which intended parents live, but with licensed assisted reproductive technology attorneys in the state in which the surrogate lives and the baby will be delivered. Have a great day.

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Janelle Dodd

Where should the pre-birth order (PBO) be done?

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Do both attorneys need to be in the state the gestational carrier resides? What if I have an attorney I am working with that is not licensed in that state?