Information Magazine about Adoption, Complex Cases of Fertility & Surrogacy

What is the legal process for transferring parental rights in babies born in the US via surrogacy?

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

In Illinois, as long as the pre-birth court order is filed and obtained by qualified legal representation, the IPs will be the legal parents when the baby is born, and no transferring of parental rights is needed.
In general, a few but an increasing number of states feature pre-birth court orders, like Illinois, while many others do not issue pre-birth court orders. Some still make establishing parentage difficult, so it is best to avoid those states when it comes to surrogacy.