Surrogacy and parentage dispute attorney

Parentage is the question that precedes every custody question, and in assisted reproduction it is frequently the only question that matters. Where a dispute arises about who a child’s legal parents are, no custody analysis can begin until that is settled — and the answer depends on the law of a particular state, the documents executed before conception, and steps that may or may not have been taken at the right time. Law Offices Of SRIS, P.C. has practiced since 1997 and Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Reach our location at (888) 437-7747.

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Parentage Comes First

Custody, support and decision-making all presuppose legal parentage. Virginia establishes parentage under Va. Code § 20-49.1, which sets out how the parent and child relationship may be established, and comparable provisions exist in the other jurisdictions in which the firm practices.

Assisted reproduction complicates that because biology, gestation and intention can point to different people. Statutes addressing it vary widely between states — on whether surrogacy agreements are enforceable, whether they are permitted at all, and what procedural steps are required for intended parents to be recognized.

Where Disputes Actually Arise

Between intended parents and a gestational carrier, though this is rarer than public attention suggests. Between intended parents who separate before or after birth, where one seeks to disclaim parentage or the other to establish it. Where a donor’s status was not properly addressed and a claim is later made or defended. And where a second parent in a same-sex couple did not complete an adoption or parentage order and the relationship subsequently ends.

That last category is the most common and the most preventable. A parentage judgment or adoption order is portable and entitled to recognition in other states in a way that a birth certificate alone may not be, and families who relied on the birth certificate discover the difference at the worst moment.

Documents and Timing

Agreements executed before conception, with independent representation for each party, are treated very differently from arrangements made afterwards. Where a state requires pre-birth or post-birth orders, the timing of the application matters and a step missed at the time is difficult to reconstruct years later.

Where an international element exists — a carrier or intended parents in another country, or a child born abroad — immigration and citizenship questions arise alongside. The firm does not advise on immigration matters and refers them, but they are raised at the outset because they shape what needs to be done and when.

Where Something Was Missed

A parentage question left unresolved does not resolve itself and it surfaces at separation, at death, on a school or medical form, or when the family moves to another state. Where a step was missed, addressing it while the parties are in agreement is far easier than litigating it after they are not.

That is the single most useful thing to know in this area: the remedy is available before there is a dispute, and it is much harder afterwards.

Frequently Asked Questions

Why does parentage have to be settled first?

Because custody, support and decision-making all presuppose it. Virginia establishes parentage under Va. Code § 20-49.1 and comparable provisions apply elsewhere. No custody analysis can begin until the court knows who the child’s legal parents are.

Are surrogacy agreements enforceable?

That depends entirely on the state. Jurisdictions differ on whether such agreements are enforceable, whether the arrangement is permitted at all, and what procedural steps are required for intended parents to be recognized. Establishing the governing law comes before anything else.

Is a birth certificate enough?

Frequently not. A parentage judgment or adoption order is portable and entitled to recognition in other states in a way a birth certificate alone may not be. Families relying on the certificate discover the difference at separation, on a move, or at the point of a medical decision.

What is the most common preventable dispute?

A second parent who did not complete an adoption or parentage order, where the relationship later ends. It is the most frequent category in practice and the most avoidable, because the remedy was available while the parties were in agreement.

Does the timing of documents matter?

Considerably. Agreements executed before conception with independent representation for each party are treated very differently from arrangements made afterwards, and where a state requires pre-birth or post-birth orders, a step missed at the time is difficult to reconstruct years later.

What if a step was missed years ago?

Address it while the parties still agree. A parentage question left open does not resolve itself — it surfaces at separation, at death, on a school or medical form, or on a move to another state. The remedy is far easier to obtain before there is a dispute than after.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

Parentage precedes every custody question, and the step people miss is available cheaply before a dispute and expensively afterwards. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.