{"data":{"id":"us-dc/d.c.-code-16-408","jurisdiction":"us-dc","citation":"D.C. Code § 16-408","heading":"Court order of parentage.","body":"(a)\nA petition for parentage for the intended parent or parents of a child may be filed by the intended parent or parents or the surrogate in the Superior Court of the District of Columbia at any time after confirmation of the pregnancy.\n\n(b)\nThe Superior Court of the District of Columbia will have jurisdiction over a petition filed under subsection (a) of this section if the court determines that:\n(1)\nThe intended parent or parents or the surrogate is a legal resident of the District;\n(2)\nThe intended parent or parents or the surrogate has actually resided in the District for at least one year preceding the filing of the petition; or\n(3)\nThe child was born in the District.\n\n(c)\nA petition for parentage shall include:\n(1)\nAn affidavit by the medical professional who oversaw the embryo transfer or insemination attesting to the facts pertaining to the creation of the embryo and the embryo transfer or insemination, if applicable;\n(2)\nA copy of the executed surrogacy agreement;\n(3)\nAn affidavit by each party attesting to each party's identity and that no other proceedings exist which could affect the current proceedings; and\n(4)\nAn affidavit by an attorney representing each party, attesting:\n(A)\nThat the attorney did not represent both the intended parent or parents and the surrogate and the surrogate's spouse or domestic partner, if any; and\n(B)\nThat the terms of the surrogacy agreement comply with the requirements of this chapter.\n\n(d)\nThe order of parentage issued under this section shall:\n(1)\nDeclare the intended parent or parents to be the parent or parents of the child;\n(2)\n(A)\nDirect the Registrar of Vital Records (\"Registrar\") to issue the certificate of birth naming the intended parent or parents as the parent or parents; or\n(B)\nIf the intended parent or parents are named on a new certificate of birth issued after the child's discharge from the hospital, direct the Registrar:\n(i)\nTo substitute the new certificate of birth for the original certificate of birth, naming the intended parent or parents as the parent or parents; and\n(ii)\nTo seal the original certificate of birth from inspection when a new certificate of birth is issued; and\n(3)\nDeclare that the surrogate and the surrogate's spouse or domestic partner, if any, are not the legal parents of the child.\n\n(e)\n(1)\n(A)\nIn the case of a child born by a gestational surrogate, the court may issue an order of parentage for the child at any time after a petition for parentage has been filed. The order of parentage shall be effective upon the birth of the child.\n(B)\nIf the order of parentage is not issued before the birth of the child, the court shall issue the order as soon as possible after the birth, but no later than 45 days after the birth.\n(2)\nIn the case of a child born by a traditional surrogate, the court shall issue an order of parentage for the child no less than 48 hours and no more than 45 days after the birth of the child.\n\n(f)\nAn order of parentage issued under this section shall be sealed to protect the privacy of the parties and the child.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 4. Collaborative Reproduction."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-408","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"34df66d0461741db802469f68cd5e8abcef409d9030703f753bc6384df107bac","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-407","next":"us-dc/d.c.-code-16-409"},"notice":"GroundRules: Original legal text. Not legal advice."}