Illinois law created a process for establishing a parent-child relationship between a child and his or her intended parents when the child is being carried by a gestational surrogate. This relationship must be established prior to the birth of the child in accordance with Section 12 of the Vital Records Act, Section 6 of the Illinois Parentage Act of 1984, and the Gestational Surrogacy Act.
By so doing, the names of the intended mother/co-parent and intended father/co-parent are entered on the child's birth certificate. The names of the gestational surrogate and the gestational surrogate’s husband/partner, if any, are not placed on the birth certificate. Specifically, the Gestational Surrogacy Act requires the following: