The situation of the new crown epidemic is severe, the number of flights between China and the United States has decreased significantly, and the US immigration policy has been tightened. Prospective parents will ask, what should be done in this case? In the United States, there are perfect laws to protect the rights and interests of prospective parents. Even if you do not come to the United States, you can still pick up your baby. This article describes the preparation of documents under special circumstances from a legal perspective. What documents do prospective parents need to sign to obtain custody of the baby and Entrust guardianship.

Child care and guardianship documents

Limited power of attorney when prospective parents are absent Limited Power of Attorney for Absent Intended Parent(s)

In the event that the prospective parent cannot reach the scene, the prospective parent may appoint one or more persons to exercise the right to care for and guard the child after the child is born. This power of attorney only needs to be signed when the child's date of birth is approaching (after the court decision to declare the prospective parent as a legal parent) or after the child is born. This power of attorney will allow the appointed person to exercise the rights to make health care decisions for children, sign child birth certificates, obtain US passports for children, buy airline tickets for children, and bring children to prospective parents.

Generally speaking, three weeks before the surrogate's birth date, the prospective parents cannot be present due to an unavoidable work emergency. Prospective parents can use this power of attorney to appoint their friends as appointees to exercise the right to care for and supervise children until the prospective parents can be present.

Letter of appointment of guardian of minor childrenNomination of Guardianship

A surrogate mother produces a child in a state (such as Minnesota) that requires "post-natal parental determination" to establish parent-child relationships. At the same time, the surrogate mother never signed the power of attorney mentioned above. By using this agreement, the prospective parents can file an urgent application for custody of the child in the court where the child is born until the "decision of parental rights after birth" is established. This agreement will give prospective parents the right to care for and guard the children.

The surrogate mother may appoint the prospective parent to act as the guardian of the child after the surrogate mother is born. When prospective parents cannot exercise this right because of special circumstances, this agreement will also give any prospective parents the same right to appoint a backup guardian. In addition, this agreement can further emphasize the intention of the surrogate mother to give up any and all parental rights to the child after birth.

Child's Healthcare Document

Power of Attorney to choose medical care for minor children

Power of Attorney to Make Health Care Decisions for Minor Child

Surrogate mothers can appoint prospective parents to exercise the right to make health care decisions for children. This power of attorney grants prospective parents the right to make all health care decisions, sign documents for children, authorize or approve any medically recommended surgery, vaccines, drugs, or any other medical interventions. For example, the surrogate mother will be produced before the court decision is submitted. At birth, the doctor informs the surrogate mother and expectant parents that the child needs emergency surgery, medication, and further treatment. Although there is no verdict for the establishment of the parent-child relationship, the prospective parents can also submit the power of attorney to the hospital and the doctor. In this case, the prospective parents can make any health care decisions for the children, and sign any necessary permission or other hospital documents to ensure that the children receive the care and treatment expected by the prospective couple.

In short, the purpose of the power of attorney and agreement mentioned above is to give the prospective parents as much power as possible in the custody, care and health of the child. The legality of surrogacy in the United States will also be reflected in these agreements. Both surrogate mothers and prospective parents will receive strict legal protection throughout the surrogacy process..