November 01, 2020 ART Law & Practice

Who Goes on the Child’s Birth Certificate for International Two-Dad Families When a Child Is Born Through Surrogacy in the United States?

Sara R. Cohen and Mathilde Foucault

When international intended fathers are embarking on a U.S. surrogacy journey to build their family, their American lawyers need to consider how parentage and citizenship will play out for the intended parents (IPs) back home. One frequent question that arises is whether both intended fathers’ names should be on the birth certificate, or should only the genetic father be listed, or the genetic father and the surrogate. The answer varies country by country; however, an increasing number of countries are recognizing birth certificates that name both fathers. This is an important step for the recognition of LGBT rights and to be applauded. There are still some countries where in certain situations, the original birth certificate should not name both intended fathers, including the Netherlands and Germany.

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