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.
Can the surrogate refuse to give up the baby at birth?
By Dr. Joel G. Brasch (gynecologist).
Last Update: 07/05/2019
Dr. Joel G. Brasch
Dr. Joel Brasch is the Medical Director of Chicago IVF, founded in 2005. He is board certified by the American Board of Obstetrics and Gynecology, and has over 25 years of direct experience in fertility treatment and reproductive care. He is also the Director of Mount Sinai Medical Center’s Division of Reproductive Endocrinology and Infertility.