This is an excellent question because the answer really depends on the legal environment where the child is born. Fortunately, Illinois is a surrogacy friendly state which has a specific law in place to protect not only the interests of the surrogate, but the child and intended parents as well. This law allows for the courts to establish parentage between the IPs and newborn as soon as the baby is born.
Read the full article on: Being a Surrogate: Psychological Aspects, Risks and Benefits ( 52).