Pending review by counsel: IDPH certification mechanics, timing norms, and whether any county practice differs. Reviewed by [attorney name], [firm], on [date].
What is a pre-birth order and does Illinois use one?
A pre-birth order is the legal step, taken before delivery, that establishes the intended parents as the baby's parents so the birth certificate names them from the start. Many states do this through a court order, which is where the name comes from.
Illinois uses an administrative process instead of a court hearing in most cases. Under the Illinois Gestational Surrogacy Act, the attorneys for the intended parents and for the surrogate each file a certification with the Illinois Department of Public Health before the birth, confirming that the agreement meets the Act. The result is the same as a pre-birth order elsewhere: the intended parents are the parents on the original birth certificate, the surrogate is not listed, and no adoption follows.
People still call it a pre-birth order in Illinois, and so does this page.
Who files the certification and when?
The attorneys file, not the intended parents or the agency. Each side's attorney certifies that the Act's requirements were met for their client.
Attorneys typically file in the second trimester, after the pregnancy is confirmed and before about 28 weeks. Filing then means the paperwork is in place well before a full-term due date, and also in place if the baby comes early.
PLS's role is coordination. The PLS team, led on national and international cycles by Jan Telman Berman, Global Surrogacy Coordinator, tracks the pregnancy milestones, reminds both attorneys when the filing window opens, and confirms when the filings are done. PLS does not employ attorneys and does not file anything itself.
| Step | Typical timing | Who handles it |
|---|---|---|
| Gestational carrier agreement signed | After match, before any medication or transfer | Both attorneys; PLS holds the clinic start until signed |
| Pregnancy confirmed | Pregnancy test 9 to 11 days after transfer, then early ultrasounds at the clinic | The intended parents' fertility clinic |
| Parentage certification filed | Second trimester, before about 28 weeks | Both attorneys, filed with the Illinois Department of Public Health |
| Hospital notified | Before the due date, with the birth plan | PLS, with both attorneys |
| Birth certificate issued | After birth, naming the intended parents | The hospital and the state vital records office |
| Passport or home-country documents | After the birth certificate | Intended parents and their attorney; status for international families as of [date] |
What does the hospital receive before delivery?
Before the due date, the delivering hospital receives the birth plan, contact details for the intended parents and their attorney, and confirmation that the parentage filing is complete. Hospital paperwork requirements: confirm with counsel.
The birth plan is written in advance and agreed by both sides. It covers who is in the delivery room, where the intended parents wait or stay, who holds the baby first, and how the baby is discharged to the intended parents. PLS writes birth plans to be specific because labor and delivery staff work from what is on paper. Nancy Block, RN, who founded PLS, spent 17 years as an OB/GYN and fertility nurse at Northwestern Memorial Hospital's Prentice Women's Pavilion and knows what a nurse on a busy unit needs to see.
What if the baby is born early or in another state?
If the baby is born early, the second-trimester filing has already done its job: the paperwork is in place. This is the main reason attorneys file well before the third trimester.
If the baby is born in another state, the law of the state of birth governs the birth certificate. A surrogate who lives near Wisconsin or Indiana may deliver across the line, and your attorney plans for that from the start. Tell your attorney early if your surrogate's nearest hospital is out of state.
What if parents or the surrogate live outside Illinois?
Intended parents do not need to live in Illinois. When an Illinois surrogate delivers in Illinois under a compliant agreement, the Illinois process applies regardless of where the intended parents live.
International intended parents need a second set of documents after the birth certificate: the baby's passport and home-country papers. A federal executive order dated August 6, 2026, on citizenship for children born through compensated surrogacy to two non-citizen parents is under litigation. Status as of [date], reviewed by counsel. Plan these documents with your attorney before you match.
If a PLS surrogate lives in another surrogacy-friendly state, that state's parentage process applies. See pre-birth versus post-birth parentage orders and surrogacy laws by state.
How much do the legal steps cost?
Intended parents pay for both attorneys: their own and the surrogate's. Legal fees are part of the third-party costs, which PLS budgets at $15,300 to $29,000 for the whole journey. That range also covers escrow administration, the independent psychological evaluation, background checks, the insurance review, surrogate travel and local monitoring.
Legal costs move with complexity. A straightforward Illinois journey with an Illinois surrogate delivering in Illinois sits at the lower end. A surrogate near a state line, international intended parents, or an amended agreement adds attorney time. Ask each attorney for a written fee estimate that separates the agreement, the parentage filing and any out-of-state work.
All legal fees run through the independent licensed escrow account, which you fund with $10,000 at match and the balance before medications start. See Illinois surrogacy law and the Illinois surrogacy overview.
Sources
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending review by counsel.
- Illinois Department of Public Health, vital records. Process details pending review by counsel.