Illinois has a detailed Gestational Surrogacy Act that establishes parentage by operation of law at birth when its safeguards are met. It permits compensated arrangements, does not require marriage, residency, or an intended-parent genetic connection, and now uses an inclusive statutory definition of infertility.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
The agreement must be written before treatment, signed with the required witnessing or notarization, include required spouses, use independent Illinois counsel, preserve the carrier's health decisions, and satisfy the Act's substantive terms. Compensation and expenses are permitted, with compensation placed in independent escrow before the carrier begins a related medical procedure.
Each intended parent must be at least 21, complete a mental-health evaluation, have independent Illinois counsel, and meet the Act's infertility requirement. Illinois's current infertility definition includes inability to reproduce as an individual or with a partner without medical intervention; no marriage, residency, or genetic connection is required.
When the Act is satisfied and statutory certifications are delivered before birth, the intended parent or parents become legal parents immediately at birth without an adoption. A court may also enter a parentage judgment before, on, or after birth under § 36.
Document eligibility under 215 ILCS 5/356m(c), including its inclusive individual-or-couple formulation, before execution.
The carrier selects independent Illinois counsel, whose reasonable fees are paid by the intended parent or parents.
If compensation is promised, deposit the required funds with an independent escrow agent before the carrier begins a related medical procedure.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Have separate Illinois attorneys confirm § 20 eligibility, the current infertility definition, insurance, escrow timing, spouse or partner participation, and pre-birth certifications; decide whether to add a § 36 parentage judgment.
Each intended parent must be at least 21, complete a mental-health evaluation, have independent Illinois counsel, and meet the Act's infertility requirement. Illinois's current infertility definition includes inability to reproduce as an individual or with a partner without medical intervention; no marriage, residency, or genetic connection is required.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. The agreement must be written before treatment, signed with the required witnessing or notarization, include required spouses, use independent Illinois counsel, preserve the carrier's health decisions, and satisfy the Act's substantive terms. Compensation and expenses are permitted, with compensation placed in independent escrow before the carrier begins a related medical procedure.
When the Act is satisfied and statutory certifications are delivered before birth, the intended parent or parents become legal parents immediately at birth without an adoption. A court may also enter a parentage judgment before, on, or after birth under § 36.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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