Information Magazine about Adoption, Complex Cases of Fertility & Surrogacy
FAQs
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Can the surrogate refuse to give up the baby at birth?

By Babygest Staff .
Last Update: 07/05/2019

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.