Gestational Surrogacy Regulations in Illinois

Overview

Gestational Surrogacy is permitted by Illinois Gestational Surrogacy Act, 750 ILCS 47/1 –
47/75. The Act expressly permits gestational surrogacy, sets forth the specific contractual
requirements for an enforceable agreement, establishes the legal parental rights of the
Intended Parent(s) over any resulting child, and provides that any Intended Parent(s) who
comply with and satisfy the statutory requirements are required to be named on the child’s
birth certificate.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes*
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Illinois there is a basis for venue in Illinois. There may also be venue in Idaho if the Gestational Carrier is planning on delivering the child in Illinois * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes*
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Illinois:
Yes
Birth outside of Illinois:
Yes, however, discuss with your legal counsel

Pre-Birth and Post-Birth Orders are typically unnecessary, but still available, where the
Intended Parent(s) and Gestational enter a valid surrogacy contract and where at least one of
the Intended Parent(s) is genetically related to the child. A parentage order must be secured
for international intended parents for their parental rights to be recognized and honored in
their home country.

Parentage

Pre-Birth Orders:
No*
Hearing to obtain Order:
No
Post-Birth Orders:
No*

General Information

Will Illinois Vital Records honor a Pre-Birth Order from another state:
No*
What is the typical time frame to obtain a birth certificate after delivery:
3-5 days in person, 2-3 weeks by mail
How are same-sex parents named on the final birth certificate:
Co-Parent and Co-Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Illinois Residents:

*This situation typically arises if the child is born outside of Illinois. The parents then return to Illinois to obtain a second parent adoption or stepparent adoption in Utah. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Illinois?

*Traditional Surrogacy in Illinois is permitted because no statute or published case law prohibits it. In practice, Traditional Surrogacy is treated like a stepparent adoption in Illinois. A traditional surrogate cannot relinquish her maternity rights prior to 72 hours after the child’s birth. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.