I believe you're talking about surrogacy - that your friend is carrying the baby for you and your wife? Generally, under the law, you need to have a surrogacy contract signed before you begin the pregnancy. So, if you never signed a contract, things will be a bit more complicated, but you should - with the help of an attorney who is an expert in assisted reproduction - be able to fix that issue and file for a pre-birth order that would establish you and your wife as the legal parents of the child and order that your names be put on the birth certificate. It looks like you are in Riverside County, where the judges are stricter about timelines, so depending upon how far along the pregnancy is, it may take some time to get everything ironed out, and you might not be able to get the birth certificate issue fixed until some time after the baby is born, but it should be able to be taken care of.
More importantly, though, it is extremely important for same sex couples to have a legal JUDGMENT of parentage to protect their rights as parents. The birth certificate alone is just an administrative document that doesn't have to be recognized across the country. So, for example, before marriage equality, other states would not have to recognize your marriage certificate if you traveled across state lines. Similarly, other states are not required to recognize a birth certificate as a legally binding proof of your parentage. However, if you have a judgment/order from a judge, that has to be recognized no matter where in the country you go (and is generally recognized anywhere in the world), which is why you need to worry about getting a parentage ORDER and not just getting on the birth certificate.
You need to explain more clearly the situation. Are you saying that a friend is carrying a child for you and your wife? And neither of you are biologically related to the child? Start with clearly stating who the biological mother and father are and we can help you out.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
Just one small thing to add to what my learned colleagues have already spelled out. Be aware but now, in the state of California, a child can have three parents. You might find yourself in a situation where the two of you are two of the three parents and the surrogate mother is the third. Please please please go to an attorney. You ought to have done so long ago — do not wait.
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