In adoption proceedings the birth mother, almost without exception, does not become pregnant intentionally. In these cases it is the public policy not to have the birth mother's decision as to whether to give up the child affected by monetary considerations, that is, being paid for consenting to the adoption. This is because of the involuntary nature of the pregnancy and public policy that the mother should not give up the child until she has actually given birth so that she can make an objective decision in light of the reality of delivering the child. C. Surrogate mothers do not become pregnant unintentionally. A surrogate mother is not placing a child for compensation since the child is half that of the father.
Adoption goes back to antiquity.
Statutory adoptions in the United States started many, many years before artificial insemination procedures were developed. The procedure of artificial insemination makes surrogacy a viable alternative to adoption for the acquisition of a child. Because of a lack of statutory procedure for the intended parents in a surrogacy arrangement to be declared to be the legal parents of the child, they must ultimately adopt the child. The Illinois laws prohibiting the payment of a fee to a birth mother were not intended to apply to surrogacy arrangements. Illinois has no legislation in place addressing surrogacy.