Surrogacy Law in Illinois
Illinois Surrogacy Law: Types of Surrogacy
In Illinois, gestational surrogacy is permitted under the Illinois Gestational Surrogacy Act 750 ILCS 47/1 – 47/75 (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2613&ChapterID=59). It’s a surrogacy-friendly Statute that guides the process from contract formation, through the issuance of the birth certificate. It applies, however, to arrangements in which one or both intended parents has contributed a gamete to form the embryo.
Traditional (genetic) surrogacy in Illinois is not covered under this statute; it is permitted because no statute or case law prohibits it.
Are There Surrogate Requirements in Illinois?
A gestational surrogate shall be deemed to have satisfied the requirements of the Illinois Gestational Surrogacy Act if she has met the following requirements at the time the gestational surrogacy contract is executed:
- She is at least 21 years of age;
- She has given birth to at least one child;
- She has completed a medical evaluation;
- She has completed a mental health evaluation;
- She has undergone legal consultation with independent legal counsel regarding the terms of the gestational surrogacy contract and the potential legal consequences of the gestational surrogacy; and
She has obtained a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy may be procured by the intended parents on behalf of the gestational surrogate pursuant to the gestational surrogacy contract.
Does Illinois Surrogacy Law Allow for Pre-Birth Orders?
Parentage Orders: A pre-birth parentage order is not necessary in Illinois. As long as the requirements of the Illinois Gestational Surrogacy Act 750 ILCS 47/1 – 47/75 are met, intended parents can proceed directly to Vital Records to obtain a birth certificate with their name(s) included as the parent(s). Necessary paperwork must be filed with the Illinois Department of Public Health and hospital planned for delivery prior to the birth of the child. If the prescribed administrative process is not completed prior to the birth of the child a post-birth hearing will be necessary to establish parentage.
The conditions under which intended parents can be declared legal parent sunder the Illinois Gestational Surrogacy Act if at least one parent is genetically related to the child are listed below
Married heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using an egg or sperm donor
Unmarried heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couple using an egg or sperm donor
Same sex couples, using an egg or sperm donor
Single parent using own egg or sperm
The conditions under which intended parents can be declared legal parents under the Illinois Gestational Surrogacy Act if neither parent is genetically related to the child are listed below:
Whose names go on the birth certificate in Illinois?
Intended parents are listed on the final birth certificate with the designation “co-parent and co-parent.”
International same-sex couples can receive a birth certificate that names the biologically related parent and the gestational surrogate as parents, unless paperwork declaring otherwise is completed in advance. To amend the birth certificate, the non-biological parent will have to obtain a court order acknowledging parentage and can also proceed with a second parent adoption, in Illinois or elsewhere. They can receive a legal parental designation solely based on the child being born in Illinois; some judges have granted this permission.
Surrogacy Conditions for Same-Sex Couples in Illinois
Same sex couples can enter into a gestational surrogacy contract together and both be named as Co-Parents on the birth certificate.
Are There Options for Unmarried Intended Parents in the state of Illinois?
Unmarried Intended Parents can enter into a gestational surrogacy agreement together and both be named as parents on the birth certificate. There is no marriage requirement in the Illinois Gestational Surrogacy Act.