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.
Read the full article on: Parentage and Nationality: How Does it Work in Surrogacy Process? ( 59).
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.