1. Pre-Birth Order (PBO)
Where permitted, your attorney obtains a parentage order before birth. Once the birth is registered, you can apply for an official birth certificate under local requirements.
Birth Certificate Process
- Obtain Pre-Birth Order
- Baby Is Born
- Hospital Registers Birth Using Parentage Documents
- Birth Record Is Filed
- Apply for Birth Certificate
With parentage established before birth, registration and birth certificate processing can usually proceed directly after delivery.
2. Post-Birth Order
Some states or cases require parentage to be established after birth. The hospital handles the initial birth registration, and your attorney obtains the parentage order. The birth record is then finalized or updated before the official certificate is issued.
Birth Certificate Process
- Baby Is Born
- Initial Birth Registration
- Obtain Post-Birth Order
- Finalize or Update Birth Record
- Obtain Birth Certificate
Post-birth parentage proceedings require extra time. Plan accordingly for your baby’s passport, travel documents, and journey home.
| Comparison | Pre-Birth Order | Post-Birth Order |
|---|---|---|
| Parentage | Established before birth | Established after birth |
| After Birth | Proceed with birth registration | Complete parentage proceedings |
| Birth Certificate | Apply once the birth is registered | Obtain after the record is finalized or updated |
| Timeline | Generally more straightforward | Allow extra time for legal proceedings |
Attention:
Parentage laws and birth registration procedures vary by state and family circumstances. Consult your surrogacy attorney for guidance on your case.
Tell us your baby’s expected birth state and county. Via Baby can help you understand the local process before your baby arrives.
How to Apply for Your Baby’s U.S. Birth Certificate
Once parentage proceedings and birth registration are complete, you can apply for your baby’s official birth certificate.
There is no single nationwide application process. Certificates are generally handled by state or county Vital Records offices where your baby is born. Eligibility, required documents, application methods, and processing times vary by location.
Common application options include:
Unsure How to Get Your Baby’s Birth Certificate
Tell us your baby’s expected birth state and county. Via Baby can help you understand the local process before your baby arrives.
Book a ConsultationHow to Apply for Your Baby’s U.S. Birth Certificate
Once parentage proceedings and birth registration are complete, you can apply for your baby’s official birth certificate.
There is no single nationwide application process. Certificates are generally handled by state or county Vital Records offices where your baby is born. Eligibility, required documents, application methods, and processing times vary by location.
Common application options include:
Apply in Person
Parents in the U.S. may apply at the relevant government office with identification and required documents. Confirm local availability and when applications can be submitted.Apply by Mail
Some states and counties accept mailed applications. Submit the required forms, identification, fees, and supporting documents. Allow time for processing and delivery.Apply Online
Online applications are available in some locations. Check the local authority’s approved platform, eligibility rules, and document requirements.Use an Authorized Representative
Where permitted, an attorney or eligible representative may apply on your behalf. Eligibility, authorization, and notarization requirements vary by state and county.
5 Things to Confirm Before Your Baby Arrives
Plan ahead by checking these key details:
Birth Location
Confirm your baby’s expected birth state and county.Parentage Timeline
Check whether parentage proceedings will be completed before or after birth.Responsible Office
Identify the office that maintains the birth record and issues certified birth certificates.Application Method
Confirm whether you can apply in person, by mail, online, or through an authorized representative.Processing Time
Plan around the birth certificate, U.S. passport, any required DNA testing, travel document or visa, and journey home.
Expecting Your Surro Baby in the U.S.?
Based on Via Baby’s experience, birth certificates are often available within 1–3 weeks after birth. We help plan your baby’s documentation timeline around the birth location, parentage order, and destination.
Book a ConsultationConsider ordering multiple certified copies of your baby’s birth certificate for passport, travel document or visa applications, authentication, and other identity procedures. The number needed depends on your destination and plans.
Frequently Asked Questions
Q1: How long does it take to get a birth certificate?
Timing varies by state and county. Based on Via Baby’s experience, a birth certificate is typically available within 1–3 weeks after birth when a pre-birth order is complete and registration and processing go smoothly.
Post-birth proceedings or local processing delays may take longer. Allow enough time for the birth certificate and subsequent travel documents before planning your return.
Q2: How do pre-birth and post-birth orders affect the process?
The main difference is whether parentage proceedings still need to be completed after birth.
Pre-Birth Order:
Parentage Order → Baby Is Born → Birth Registration → Birth Certificate Application
Post-Birth Order:
Baby Is Born → Parentage Order → Finalize or Update Birth Record → Birth Certificate Application
Post-birth orders generally require extra time for court proceedings and birth record processing.
Q3: How many certified copies should we order? Is one enough?
We generally recommend 4–6 certified copies for international surrogacy families. These may be needed for passports, Chinese travel documents or visas, authentication, and other identity procedures.
Ordering additional copies later means applying again and allowing for processing and delivery. Having several copies helps with applications and long-term record-keeping.
Q4: What if a name or other detail is incorrect?
Corrections must follow the birth state or county’s procedures. Errors involving parentage may also require your attorney’s help.
Check all details before the birth registration is submitted, especially your baby’s name and the parents’ names and English spellings. Parents’ names should match the identification used for later applications.
If you find an error after issuance, contact the Vital Records office and your surrogacy attorney promptly.
Q5: Can someone apply on our behalf if we’re outside the U.S.?
Some states and counties allow an eligible attorney or authorized representative to apply. Authorization, notarization, or supporting documents may be required.
If you cannot attend in person, confirm local requirements and prepare the necessary documents before your baby’s due date.
Q6: Can we apply in person, online, or by mail?
These options may be available, depending on the state and county. Some locations also accept applications through authorized representatives.
Before birth, confirm the responsible office, eligibility, required documents, and the best application method for your family.
Q7: Can our baby travel home once the birth certificate is issued?
Usually, more documents are needed. Depending on your family’s circumstances and destination, the next steps may include:
U.S. Passport → DNA Testing, if Required → Chinese Travel Document, Visa, or Other Travel Documents → Document Authentication, if Required → Travel Home
Requirements and the order of these steps vary by family and destination.
Q8: Why plan the birth certificate process before birth?
The process depends on hospital registration, state and county requirements, and the timing of your parentage order.
Checking eligibility, documents, application methods, and processing times in advance helps avoid delays with your baby’s birth certificate, passport, and travel home.
