In surrogacy, our answers are frequently “it depends.” Your attorney will draft a Pre-Birth Order and file it with the court. This will allow the names of both intended parents to be on the birth certificate and further sealing your parental rights. It’s best to check with your legal counsel as some states do not recognize Pre-Birth Orders, which means a Second Parent Adoption will be necessary to solidify the parental rights of the intended father not providing the genetic material.