What Documents Are Needed for Confirmatory Adoption After Surrogacy?

Question from Chuck, What Documents Are Needed for Confirmatory Adoption After Surrogacy?

Answer from AI:

When returning to Colorado with your child born via surrogacy in Mexico, you will need to gather specific documents to proceed with a Confirmatory Adoption under Colorado’s Marlo’s Law. Here’s a breakdown of the key documents and steps involved:

Essential Documents to Bring from Mexico:

1. Birth Certificate: Obtain the birth certificate from Mexican authorities. Since you are not using the Amparo Resolution, the surrogate’s name will be listed as the mother. This document will be crucial for legal proceedings in Colorado.

2. Legal Documentation: Secure any court orders or legal documents from Mexico that establish your genetic parentage and the surrogate’s agreement to relinquish parental rights.

3. Surrogacy Contract: Bring the surrogacy contract signed with the surrogate mother, outlining the agreement and intentions of all parties involved.

4. Egg Donor Agreement: Include the agreement with the egg donor, which typically relinquishes her parental rights.

5. Notarized Declaration: Consider obtaining a notarized declaration from the surrogate, stating her consent to relinquish parental rights and acknowledging your wife as the intended mother.

6. Apostille Certification: Ensure the birth certificate and other Mexican documents are apostilled for recognition in the U.S. This process involves certification by Mexican authorities to validate the documents internationally.

7. Medical Documentation: Provide medical records or DNA test results to prove the genetic link between the father and the child.

Steps for Confirmatory Adoption in Colorado:

1. File for Confirmatory Adoption: In Colorado, you will need to file a petition for Confirmatory Adoption. This process typically involves submitting all relevant documents to the court.

2. Court Proceedings: Be prepared for court proceedings, which may include a hearing to finalize the adoption. The court will review your documents and may require additional evidence or testimony.

3. Home Study and Background Checks: Depending on the court’s requirements, a home study or background checks might be necessary, especially if this is a step-parent adoption.

4. Legal Representation: Engage an attorney specializing in family or adoption law to guide you through the process and ensure compliance with Colorado’s legal requirements.

Additional Considerations:

• Legal Advice: Given the complexity of international surrogacy and adoption laws, consulting with a qualified attorney is crucial. They can provide personalized advice and help navigate any legal hurdles.
• Colorado Department of Health and Environment: This department can offer guidance on birth certificates and other vital records, ensuring all documents meet state requirements.

By gathering the necessary documents and following the legal steps, you can establish your wife’s legal parentage through Confirmatory Adoption in Colorado.