Learn About Third-Party Assisted Reproduction & Surrogacy Law in Illinois.
Everything you need to know about fertility law in Illinois, including surrogacy.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Illinois
- Gestational surrogacy is permitted, including compensated arrangements.
- The Gestational Surrogacy Agreement must be in writing and signed by all parties in the presence of 2 witnesses prior to any medical procedure.
- Independent legal representation for all parties is required.
- Surrogates are required to obtain a health insurance policy that covers major medical treatment and hospitalization and the policy extends for 8 weeks after birth.
- Court involvement is required to secure parentage.
Illinois Surrogacy Law: What You Need to Know
Illinois is a surrogacy friendly state in which to pursue your journey. Illinois surrogacy laws provide a clear framework for intended parents, surrogates, and donors to engage in surrogacy arrangements with confidence.
Illinois Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex |
| Surrogacy Agreement | Must be in writing and signed by all parties in the presence of 2 witnesses prior to any medical procedure (other than medical or mental health evaluations to determine the gestational surrogate’s eligibility) |
| Legal Representation | Independent legal representation is required |
| Health Insurance for Surrogates | Surrogates are required to obtain a health insurance policy that covers major medical treatment and hospitalization and the policy extends for 8 weeks after birth |
| Parental Rights for Non-Genetic Intended Parents | If there is a pre-birth order, both the genetic and non-genetic parent will be listed on the child’s birth certificate. |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | If there is a pre-birth order, each Intended Parent will be listed on their child’s original birth certificate, which will be available roughly 5 days post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Illinois for personalized advice.