In Colorado, Intended Parents are able to petition the Court for an order of parentage stating that the Intended Parents’ names are to be placed on the child’s birth certificate at the time of birth.
Under Obergefell v. Hodges, and In re the Parental Responsibilities of A.R.L and concerning Limberis, same‑sex Intended Parents may now be placed on the child’s birth certificate at the time of birth, thereby potentially eliminating the need for a second parent adoption in many states.
Through a post‑birth order, Emily can remove the Gestational Carrier’s name from the birth certificate in situations where the Intended Parent’s home country may require that the Gestational Carrier be listed as the child’s mother on the birth certificate initially.