What does a pre-birth order do?
A pre-birth order (PBO) settles who your baby's legal parents are before your surrogate delivers. It is a court order, or in some states a statutory certification, that declares the intended parents the legal parents of the child the surrogate is carrying.
In practice it does three things:
- The birth certificate. Your names go on the original birth certificate. The surrogate's does not.
- The hospital. Staff know before labor begins that you are the parents. You make medical decisions for the baby, and the hospital discharges the baby to you.
- The surrogate. She has no parental rights or obligations from the moment of birth. No adoption is needed later.
Without parentage settled in advance, the hospital generally treats the woman who gives birth as the mother until a court says otherwise. A pre-birth order removes that gap. This page is written for intended parents and is not legal advice. Your attorney, and the surrogate's own attorney, advise each of you.
How does Illinois establish parentage before birth?
Reviewed by [attorney name], [firm], on [date]. Statute details in this section are pending review by counsel.
In Illinois, the Gestational Surrogacy Act (2005) allows parentage to be established before birth without a court hearing when the Act's requirements are met. The attorneys for both sides, and the physician, certify that the statutory requirements were satisfied, and the certifications are filed before the birth. The hospital then issues the original birth certificate naming the intended parents.
The Act's requirements include a surrogate who is at least 21, has given birth before, and has completed medical and mental-health evaluations; independent legal counsel for each side; an agreement signed before any medication or transfer; and an embryo created through IVF so the surrogate has no genetic link to the child.
This is why the order of steps in an Illinois journey matters. At Private Label Surrogacy (PLS), no medications start until the gestational carrier agreement is signed by both sides and escrow is funded. Each side has its own independent attorney. Those steps are what make a pre-birth certification available at the end. See what the gestational carrier agreement covers.
What is the difference between a pre-birth and post-birth order?
A pre-birth order is issued before delivery. A post-birth order is issued after. Some states allow only one or the other. In a few, parents complete an adoption instead.
| Illinois pre-birth certification | Court pre-birth order | Post-birth order | |
|---|---|---|---|
| When it is completed | Before birth, by filing certifications | Before birth, by court order | After birth, by court order |
| Hearing required | Generally no | Depends on the state and the court | Depends on the state and the court |
| Names on the original birth certificate | The intended parents | The intended parents | Often amended after the order |
| Typical cost | $2,500 to $5,000 (estimate) | [varies by state; confirm] | [varies by state; confirm] |
The practical difference for you is the first days of your baby's life. With a pre-birth order in place, the hospital knows who you are, and there is no period in which the surrogate is the legal mother. With a post-birth order, there may be a short period before the order is entered, which your attorneys plan for.
When is the order filed and what does the attorney need from you?
The filing usually happens in the second or third trimester, after the pregnancy is confirmed and past viability, so that it is on file with the hospital before 36 weeks. Filing ahead of the due date means the paperwork is ready if the baby arrives early.
Your attorney typically needs:
- The signed gestational carrier agreement.
- Confirmation from your fertility clinic about how the embryo was created.
- Your full legal names and addresses, and the surrogate's.
- The surrogate's due date and the delivering hospital.
- For international parents, passport details and any home-country requirements.
PLS coordinates the timing with both attorneys and with the delivering hospital. The birth plan, written in the third trimester, names the intended parents and the hospital's contact so staff know who you are before labor begins. See what happens at the hospital and delivery.
What does a parentage order cost?
A parentage order typically costs $2,500 to $5,000. This is an estimate and varies by state, by whether a hearing is required, and by your attorney's rates.
The parentage work is part of your third-party costs, which total $15,300 to $29,000 at PLS. That range also covers drafting the gestational carrier agreement for both sides, escrow administration, the psychological evaluation, background checks, the insurance review, surrogate travel and local monitoring. Legal fees are paid from your independent escrow account. See third-party costs.
PLS refers you to independent reproductive-law attorneys. It does not employ attorneys and does not take referral fees from them. You may choose your own attorney, provided they practice reproductive law in the state where the surrogate will deliver.
What happens for parents from states or countries without surrogacy law?
Parentage generally follows the law of the state where the baby is born, not the state where the intended parents live. If your surrogate delivers in Illinois, Illinois law governs your parentage order. This is one reason PLS recruits surrogates in surrogacy-friendly states, and why your attorney must practice in the surrogate's state.
When you return home, your home state generally recognizes the order from the state of birth. Ask your attorney whether any step is advisable in your home state.
International parents need two more steps after birth: the baby's US passport and the documents your home country requires to recognize your parentage and your child's citizenship. Plan these with your home-country counsel before match. 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.
Does the order cover same-sex and single parents?
Yes. In Illinois, two fathers, two mothers and single parents receive the same parentage as any other intended parents.
The Equality for Every Family Act, signed December 2025, removed the earlier Illinois requirement that at least one intended parent be genetically related to the child. Parents using donor eggs and donor sperm, or a donated embryo, can now receive the same pre-birth parentage. The Act also requires independent counsel for both sides. Effective date and transition rules reviewed by counsel.
PLS serves single parents, married and unmarried couples, and LGBTQ+ parents from across the United States and abroad. In other states the answer depends on that state's law, which your attorney confirms before you match.
Sources
- Illinois Gestational Surrogacy Act (2005), Illinois General Assembly. Pending review by counsel.
- Equality for Every Family Act, signed December 2025, Illinois General Assembly. Pending review by counsel.
- SEEDS, Society for Ethics in Egg Donation and Surrogacy.