Surrogacy in Illinois

Illinois is one of the most Surrogacy-Friendly states in the U.S. Specific legislation allows Intended Parents to obtain pre-birth and post-birth orders. The statute also permits Intended Parents to bypass the court and go straight to Vital Records to obtain a birth certificate if all statutory requirements are met and the correct paperwork submitted before the baby is born.

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Is Surrogacy Legal in Illinois?

Illinois has some of the most comprehensive and detailed statutory provisions in the country that address surrogacy, codified together as 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 Parents over any resulting child, and – most notably – provides that any Intended Parents who comply with and satisfy the statutory requirements are required to be named on the child’s birth certificate, thus bypassing the need for court action to obtain parental rights.

Under the Act, pre-birth and post-birth orders are typically unnecessary when the Intended Parents and surrogate mother enter into a valid surrogacy contract and where at least one of the Intended Parents is genetically related to the child. However, a parentage order must be secured for international intended parents in order for their parental rights to be recognized and honored in their home country. Second-parent and stepparent adoptions are also permitted in Illinois and heterosexual and same-sex couples are treated alike in all regards.
 

Illinois Surrogacy Laws at a Glance

Can married couples get a pre-birth order in Illinois?

QuestionAnswer
Married heterosexual couple using own egg and own spermYES
Married heterosexual couple using an egg donor or sperm donorYES
Married heterosexual couple using both an egg donor and sperm donorNO

Can unmarried couples get a pre-birth order in Illinois?

Can LGBT+ couples get a pre-birth order in Illinois?

Can single parents get a pre-birth order in Illinois?

 

Pre-Birth Orders in Illinois

Pre-birth orders are not necessary under the Illinois statute. Instead, the statute permits Intended Parents to bypass the court and go straight to Vital Records to obtain a birth certificate, so long as all statutory requirements are met and if all necessary certifications have been filed both with the Illinois Department of Public Health and with the delivery hospital prior to the child’s birth. Otherwise, a post-birth parentage court order is necessary.

Illinois surropgacy sculpture3A pre-birth order is an official document used to ensure there are no legal issues during or after delivery. The court order is agreed jointly by the intended patents and the surrogate before the child is born. Its purpose is to determine the child’s legal parentage so that the intended parents name can be placed on the birth certificate. Once it’s issued, the intended parents get all the rights once the child is born.

If at least one of the Intended parents is genetically related to the child, both Intended Parents can be declared the legal parents of the child, whether if it’s a hetero or same-sex couple, married or unmarried. Same applies to single parents.

That said, no Intended Parent can become the legal parent of the child if none of the Intended Parents have a genetic relation to the child.
Married heterosexual couples using both an egg and sperm donor can’t get a pre-birth order under the Surrogacy Act, but may be able to get a pre-birth order through a different authority (Child of Assisted Conception Act), but an adoption might be necessary.

Following a pre-birth order, Intended Parents will be named on the birth certificate, regardless of whether or not they are genetically related. Obtaining a pre-birth order takes only a few days to get everyone’s signatures on appropriate documents. A hearing is not required for a pre-birth order and Intended Parents are not required to appear in court.

If a pre-birth order is granted, same-sex parents are named on the final birth certificate as “parent” and “parent”. And a same-sex couple can obtain an initial copy of the birth certificate showing the name of the surrogate and Intended Father.

Egg/sperm donors do not have any parental rights over the child.
 

Post-Birth Orders in Illinois

Post-birth parentage orders are sometimes obtained in Illinois, but (as with pre-birth orders) in most cases they also are not required.

Not all states allow parents to file a pre-birth order early; some issue an order only after the baby is born. These “post-birth orders” are usually filed in the week after the birth of the baby.

If no intended parent is genetically related to the child, then a post-birth order is not possible under the Surrogacy Act. However it could possibly be done through a different authority, but an adoption might be necessary.

The Gestational Surrogacy Act makes obtaining a birth certificate in the names of the intended parents very simple, without any court action. For international intended parents who need a post-birth judgment, it is also simple to obtain such a judgment, without a hearing or an appearance by the parties.

 

Surrogacy Contracts in Illinois

The Gestational Surrogacy Act expressly makes surrogacy contracts enforceable. Even if, for some reason, the contract doesn’t comply with the Gestational Surrogacy Act, it can still be enforceable if it is otherwise a valid contract.

The surrogacy agreement regulates the relationship among the parties, including: the compensation and reimbursement paid by the intended parents to the surrogate; the obligations of each party to the other; the behavior of the surrogate during pregnancy; any contacts among the parties after the child is born; and, of course, the rights of the intended parents as the parents of any child born as the result of the surrogacy arrangement, for all purposes.
 


Best Surrogacy Clinics in Illinois

There are 25 fertility clinics in Pennsylvania currently reporting data about IVF cases. Of these, there are 9 clinics that regularly perform “surrogacy-type” IVF cases. Surrogacy cases are those using a donor egg and frozen embryo transfers, which is the most common procedure in a surrogacy journey.

The top IVF clinics in Illinois have an average success rate of about 41.3% for each embryo transfer as reported by the Centers for Disease Control. That compares with 46.5% as the national average, which makes Illinois an unfavorable destination for a surrogacy journey in the United States.

Of the clinics performing surrogacy-type services, 5 report live-birth rates above the national average. They are:

 


Frequent Questions about Surrogacy in Illinois

Is surrogacy in Illinois legal?

Illinois has some of the most comprehensive and detailed statutory provisions in the country that address surrogacy, codified together as Illinois Gestational Surrogacy Act,750 ILCS 47/1 – 47/75. The Act expressly permits gestational surrogacy.

In which US states is surrogacy legal?

Surrogacy is legal and supported in almost all U.S. states, with only five with explicit laws forbidding surrogacy agreements. Even among 'unfriendly' states, surrogacy is often still possible, but there are legal obstacles to navigate to ensure your parental rights. Check out SENSIBLE's ratings of friendly surrogacy destinations in the U.S. and worldwide.

Are pre-birth orders possible in Illinois?

pre- and post-birth parentage orders are typically unnecessary, but still available, where the Intended Parents and Gestational Carrier enter into a valid surrogacy contract and where at least one of the Intended Parents is genetically related to the child. However, a parentage order must be secured for international intended parents in order for their parental rights to be recognized and honored in their home country.

Are surrogacy contracts valid in Illinois?

The Gestational Surrogacy Act expressly makes surrogacy contracts enforceable. Even if, for some reason, the contract doesn’t comply with the Gestational Surrogacy Act, it can still be enforceable if it is otherwise a valid contract.

How much does surrogacy cost in Illinois?

The average cost of surrogacy ranges from $120,000 to $150,000 in the United States, but low-cost options start at less than $100,000. Overseas surrogacy costs as little as $50,000 in Eastern Europe or South America, to $80,000 in Western countries like the UK, Greece or Canada.

How much do surrogates earn?

SENSIBLE surrogate mothers make $50,000 to $70,000 for a surrogacy journey in the United States. The surrogate's total pay is separated into 'Base Salary' and 'Benefits'. Benefits usually include a monthly living stipend, maternity clothes, travel expenses, and other fees.

 

LEGAL DISCLAIMER
All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.

 

About the authors

  • Author: William Houghton

    Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
  • Reviewer: Tim Schlesinger

    In his more than 30 years of practice, Tim has become well-known for his skill and experience in the preparation of surrogacy agreements, embryo and egg donation agreements, as well as the legal actions necessary to establish parentage. He can be reached at Paule, Camazine & Blumenthal, P.C..

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