Surrogacy Journeys Surrogacy in the United States Is Surrogacy Legal in Illinois?2025 Illinois Surrogacy Laws, Costs Explained Most Completely

Is Surrogacy Legal in Illinois?2025 Illinois Surrogacy Laws, Costs Explained Most Completely

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talk aboutSurrogacy in the United StatesThe first reaction of many people is to go to theCalifornia SurrogacyBut actually in America.Illinois is also a very "surrogate friendly" state.If you're considering going down the surrogacy path here, or simply want to figure out theIllinois Surrogacy Laws, Processes, How Much It CostsThen you must read on.

Let's give everyone a heads up first:Surrogacy is legal in Illinois.TheAnd, the legal framework here is pretty well established, whether you'reHeterosexual couples, single people, or the LGBTQ+ communitySurrogacy is not a simple matter of just saying "legal". However, surrogacy is not as simple as just saying "legal", there are a lot of details that need to be clarified.

Surrogacy in Illinois
Surrogacy in Illinois

Below, the Surrogate's House blogger will take you through it a little bit.

Is surrogacy legal in Illinois?

Answer the questions of greatest concern first:Surrogacy is, in Illinois, completely legal!And it's not just an ambiguous "default permission"; there are rules written into the law to protect the rights and interests of both surrogates.

When it comes to legal protections, Illinois does it right, and to name a few examples, you can feel that layer of security:

  • An enforceable surrogacy contract.What it means. It means that the contract signed between you and the surrogate mother is not written to look good, but it is really legally valid. Even if there is a dispute later on, the contract is your most hardcore legal basis.
  • Parental rights are determined in advance.In Illinois, the legal status of Intended Parents (IP) can be established by court order before the baby is born. This is very important because some states wait until after the child is born to go to court, which is a cumbersome process and has a lot more uncertainty.
  • Very friendly to the LGBTQ+ community.The law's text is dedicated to inclusive language that explicitly protects the rights of same-sex couples or single people in the surrogacy process. This is really heartwarming because for many gay and lesbian families, legal recognition is a key to the dream of a family.
  • Comprehensive medical and psychological evaluation requirements.Surrogacy is not just a medical procedure, but also involves physical and mental health. The state of Illinois requires both surrogates to undergo a thorough medical examination and psychological evaluation to avoid disputes over health or psychological stress at a later stage.
Illinois Surrogacy Laws
Illinois Surrogacy Laws

Let's be honest, surrogacy is complicated enough on its own, and it's really worse when the laws don't work. And in Illinois, you at least don't have to worry about the legal piece.

Recommended Reading:U.S. States Where Surrogacy Is Legal Explained

Is Traditional Surrogacy Legal in Illinois?

This part is a little more complicated.

Illinois law does not include "traditional surrogacy" in its surrogacy laws.What it means. It's the kind of pregnancy that is conceived with a surrogate mother's own eggs (rather than with donor eggs), which is not explicitly stated in the law. However, that doesn't mean that traditional surrogacy is completely illegal here.

But the thing is, while not explicitly prohibited, traditional surrogacy is largely discouraged in Illinois. Why?The legal and emotional stakes are too high.

Let's start with the legal side of things: if the surrogate mom is the egg provider herself, then she is genetically related to the child. At that point, if she backs out and says she wants to keep custody of the child as well, she's in for a very tricky legal tug-of-war. In contrast, Gestational Surrogacy, where the surrogate mom is genetically related to the child, is a form of surrogacy.No genetic link, is much simpler and clearer in law.

And then there is the emotional dimension: when you are carrying your own child, even if you have agreed to be a surrogate at the beginning, there is inevitably too much emotion involved at the end of the day. The risk is too high.

So, most Illinoissurrogacy agencyand lawyers would recommend going the route of gestational surrogacy, with clear laws, standardized processes, and fewer potential disputes.

Is Paid Commercial Surrogacy Legal in Illinois?

Many people ask, "Can you do commercial surrogacy in Illinois? Is it legal for surrogate mothers to charge money?"

The answer is:Totally legit!

Illinois law is very clear in allowing commercial surrogacy andCompensation for surrogate mothers is clearly written.Compensation here is not "buying a child", but rather reasonable compensation for the time, effort, physical risks, and consequent losses incurred by the surrogate mother throughout the surrogacy process, for example:

  • Loss of wages during pregnancy requiring leave of absence
  • Transportation to hospitals and clinics
  • Difficulties in life due to pregnancy
  • Discomfort or potential health risks during medical procedures

The law also states that all of this compensation needs to be written into the surrogacy contract, and that both parties need to agree clearly in the contract to avoid disputes later.

Here's the kicker: commercial surrogacy ≠ buying a child.This is a very important distinction on a legal and moral level. Surrogacy compensation is simply a reward for the labor and dedication of the surrogate mother, not a "trade" for a baby in the marketplace. This is why, in Illinois, surrogacy contracts are very carefully written to prevent anyone from misinterpreting the nature of surrogacy.

Can LGBTQ gay, single men be surrogates in Illinois?

If you're in the LGBTQ+ community, or a single male, please take a hundred percent off the table when you read this.

In Illinois, you have every right to fulfill your dream of parenthood through surrogacy.

Since the U.S. Supreme Court legalized same-sex marriage, the law has simultaneously guaranteed the reproductive rights of same-sex couples or individuals. This means:

  • It doesn't matter if you're male, female, or single, you can go the surrogacy route as long as the law allows it.
  • The only difference is that you may have to resort to additional egg or sperm donation, as some same-sex families do not have the gametes needed for heterosexual births. But apart from that.The surrogacy process is basically no different than a heterosexual family.

This is especially reassuring in Illinois, where the language of inclusivity and neutrality is specifically included in the legal code to ensure that no one gets stuck on the road to surrogacy because of sexual orientation or marital status.

So it's no exaggeration to say thatIllinois is the "top student" in the LGBTQ+ friendly surrogacy states.The

How much does it cost to have a surrogate in Illinois?

The biggest concern for many people:How much does it really cost to be a surrogate in Illinois?

Surrogacy costs
Surrogacy costs

Most people doing surrogacy in Illinois fall into a total budget of roughly $150,000 to $180,000, sometimes even rushing to $200,000 or more.Let's take it apart bit by bit.

I can especially understand just getting to knowSurrogacy in the United StatesPeople who hear these figures, the heart may instantly cool half - after all, this is the equivalent of a set of house down payment, and even some places can directly buy a small house.

So where does the surrogacy money go? Let's not just look at the total price, let's break down each line item to get a better idea.

Recommended Reading:

2025 California Surrogacy Costs in Detail

How much does it cost to be a surrogate in the United States?

Surrogate mother's agency fee

The money that the surrogacy agency charges is actually the price of "your peace of mind".

The agency will take care of managing the process from start to finish for you, including:

  • Helping you screen for the right surrogate mom
  • Arranging psychological and medical evaluations
  • Coordination of communication among the parties
  • Answers to all your questions

These services, of course, are not free. Surrogacy agencies exist so that you don't have to deal with a bunch of tedious-to-explode details yourself.

Compensation for surrogate mothers

When it comes to this part, it's even more important not to skip it.

A surrogate mother is not "borrowing a belly," but using her body, her time, and even her health to fight for you.How much pregnancy drains the body is known only to those who have experienced it. It's not just the baby in their belly that they need to compensate for:

  • May have to resign or take extended leave during pregnancy
  • Physical discomforts of pregnancy
  • Clothes, nutritional supplements, and various tests you must buy during pregnancy

In Illinois, surrogate mothers are paid roughly $50,000 ~ $70,000, and sometimes even higher. The difference here depends largely on:

  • Has she ever been a surrogate before (experienced, higher price)
  • Any special medical needs during pregnancy
  • Cost of living in her city or state
  • Relationship or consultation between her and the surrogacy agency

Don't forget.It's not a sale, it's a thank you and compensation for what she's given.This money, it must be given.

Legal costs

The thing about surrogacy is that it's the most ambiguous.The surrogacy contract is the parents' talisman.

Both you and the surrogate mother need to each hire an attorney, not only to draft the surrogacy contract, but also to protect each other's legal rights. Even if you both trust each other, you should never skip this step.

Screening costs

Some people will wonder if this part is optional. Actually, no.

Many surrogacy agencies do a very rigorous round of screening before matching you with a surrogate mother. This is not only to make sure that the surrogate mother is physically healthy, but also to make sure that she is psychologically fit to withstand the stress of the surrogacy period.

This isn't just any medical procedure, after all.Surrogacy involves so many emotional and psychological factors.It's definitely worth the extra money.

medical cost

Here is the most costly piece of the surrogacy bill.

As an example: the average cost of an IVF (In Vitro Fertilization) in Illinois is around $14,000 Around. That's an average, of course.Some clinics go as low as $11,000, but usually that price doesn't include embryo monitoring or certain key services (which happen to be very important).There are also clinics that charge up to $30,000, depending on the program you choose.

Medical expenses include a wide range of items such as:

  • Fertility treatment for surrogate mothers
  • Drug costs
  • Embryo transfer surgery
  • Pregnancy monitoring
  • Delivery costs
  • Other possible medical interventions

In conclusion.With each additional service added, the numbers went up.Be sure to ask about this part ahead of time so you don't get slammed with a bill later.

Other variable costs

Finally, there is another category of costs that are the most difficult to predict:Change costs.

For example:

  • Travel expenses incurred due to surrogate mother's need to go to a major hospital for checkups
  • Loss of work due to pregnancy
  • Possible additional medical costs in case of pregnancy complications
  • Additional living expenses due to pregnancy

There are no standardized criteria for any of these, it all depends on the health of the surrogate mother, the smoothness of the pregnancy, and the geographic distance between the two of you.

Can a surrogacy contract be enforced in Illinois?

Let's talk about a very critical and most confusing issue for many people today:Can a surrogacy contract, in Illinois, be legally enforceable or not?

The answer is: absolutely!
But - don't think that signing is the end of the story. It's not just a "signature". In order for a surrogacy contract to be legally valid in Illinois, it has to meet a bunch of conditions that are clearly spelled out in the Illinois Gestational Surrogacy Act.

Illinois Surrogacy Contract

What conditions must be met for a surrogacy contract?

To start off with you, here are a few items that should never be missed:

  • At least one of the intended parents must be genetically linked to the child.
    In other words, surrogacy is not as simple as "giving birth to a child through the womb". The law requires that the genes of one of the parents be present in the embryo, so that the court has a better legal basis for determining paternity.
  • Surrogate mothers must be at least 21 years old and have given birth.
    This is not to be difficult, but because the law recognizes that only women who have experienced pregnancy and childbirth firsthand can better understand the physical and mental challenges of surrogacy. No matter how young and healthy you are, you can't do it without having given birth.
  • Surrogate mothers must complete a thorough physical and psychological evaluation.
    Surrogacy is not just a physical job, it is a psychological battle. Legal requirements ensure that surrogate mothers are physically and mentally fit to undertake the journey.
  • All must have their own independent counsel.
    This is especially critical! The intended parents have their own attorney, and the surrogate mother must have her own attorney as well. Even if you are close, you cannot share the same legal representation.The law has to ensure that everyone makes decisions in a completely equal and informed state.
  • It is important to have all protocols in black and white before embryo transfer.
    Sign the contract first, then transfer the embryos. That's the hard and fast rule. Because as soon as the embryos are transferred, things are not just on paper, but a future life is involved.

What should be in a surrogacy contract? (List of surrogacy contracts)

Well, once the legal requirements are met, you have to sit down and finalize the contract word for word. Many people think that signing a surrogacy contract is just a statement that says "the surrogate mother is willing to carry the child," but it's much more than that.

There's a surrogacy contract in here.A list of things that must be clearly written::

Financial terms

This part is where all the money comes from:

  • What is the compensation for surrogate mothers?
  • Who pays the medical bills?
  • In the event of unforeseen circumstances (e.g., complications, need for additional hospitalization), what about additional expenses?

Bottom line: money matters must be written to death to avoid subsequent bullshit.

medical procedure

This part is sensitive and has to be talked about clearly:

  • How many embryo transfers are done?
  • Should I selectively reduce my pregnancy if I am carrying multiple embryos?
  • Should I terminate my pregnancy if it goes wrong?
  • Will it be a c-section or a normal delivery when the time comes?

These issues.Look brutal, but make sure you make it clear ahead of time.

American Surrogacy Contract

Health and Lifestyle

Pregnancy is not just about "giving birth to a child", it is also about:

  • Can I travel during pregnancy?
  • Can you exercise?
  • Should I take special control of my diet?
  • How close is the connection to the intended parents?

Everyone's expectations are different, and writing clearly means avoiding misunderstandings.

Legal Parenthood

The most important one:

  • After the birth of a child, expectant parentsHow and when?Officially recognized as the child's legal guardian?

This is a key part of the legal protection of children from being "stuck in the middle".

Dispute resolution

What if there is a disagreement?

  • Go to court or arbitration?
  • Should mediation be attempted first?

Write the process ahead of time.It's about still preserving each other's bottom line in the worst of times.

Clause of termination

Sometimes things just change:

  • What happens if either party wants to terminate the agreement?
  • Who is responsible for the money already spent?
  • What about the embryos?

By writing it into the contract, you are giving everyone a safe way back.

When do I need to sign a surrogacy contract in Illinois?

This must be kept in mind:Surrogacy contract, which must be signed before any medical procedure begins. Especially before embryo transfer.

But then again, to get to the point of signing a contract, you still have to complete the match with the surrogate mom first. This doesn't mean signing a contract as soon as you meet, but it's a process that takes time and careful consideration.The screening process can vary from organization to organization and from team of lawyers to team of lawyers, and the cycle time also varies.

In short, match, then contract, then start medical.

Where do I sign a surrogacy contract?

It's also a small detail that many people don't notice.

In order for a surrogacy contract to be 100% valid under Illinois law, you mustSigning of contracts within the State of Illinois.Don't think about going home to a lawyer and signing it and sending it in, it may not be legally recognized.

While the law doesn't require surrogacy contracts to be notarized, though - most attorneys will strongly recommend that youBetter get it notarized.Why? Quite simply, one less thing to worry about. In the future, in case someone backs out or questions the authenticity of a signature, a notarization is the strongest legal proof.

At the end of the day, a surrogacy contract is more than just an agreement; it is the strongest firewall in the entire surrogacy journey.If you have to make it clear, you have to make it clear. If you have to put it in the contract, don't leave anything out.In Illinois, by being prepared for these things, you have an extra peace of mind and an extra layer of security.

How do I establish legal parentage in Illinois?

Determining parenthood is surrogacy One of the most central, can't-miss aspects of the process: how to put "parents-to-be" on a child's birth certificate and become legally recognized as parents in Illinois.

Many people mistakenly believe that the moment the surrogacy is over and the baby is born, you are naturally mom and dad - but in fact, theNo!
You'll also need a legal process to put the child in relation to you.It's written in black and white in the law. And in Illinois, the process is much smoother compared to other states.

Surrogate Parenthood in the United States

Is it hard to establish parental status in Illinois or not?

Let's give you a shot first:For most families, the process is actually quite simple.

Illinois law is super surrogate friendly, especially for:

  • Single parents
  • Married or unmarried couples
  • LGBTQ+ families, as long as one of them is genetically related to the baby

These families are able to take care of all the legal formalities before the baby is born. The law calls this a Pre-Birth Order (PBO).

What is a pre-birth order? What is a post-birth order?

Let's start by separating these two concepts:

  • prenatal order: It means obtaining court or official documents that establish who the legal parents of the baby are before the baby is born. After the baby is born, the hospital puts your name directly on the birth certificate. Simple and straightforward.
  • post-natal order: Usually only required in the following cases:
    • Too late to complete the paperwork before delivery
    • There is no genetic relationship between the child and the prospective parents (e.g. use of donor embryos)
pre-birth order
pre-birth order

How do I get a pre-birth order?

So how do you get a pre-birth order in Illinois? It's really just three steps.

Step 1: Find a Reliable Surrogacy Lawyer

  • Don't think about DIYing it yourself, it's not an online return form.
  • A surrogacy attorney will help you prepare all the necessary documents and also tell you how long the process will take, how much it will cost, and what pitfalls to avoid.

Step 2: Applying for an Order

  • If all the paperwork is taken care of before the baby is born, usually No need for a hearing., save your mind and energy.
  • Once the paperwork is filed, the process is much faster than many states.

Step 3: Obtaining a birth certificate

  • After the birth of your child, you can find out more about your child at Within 3~5 days Go to the County Clerk's office to obtain a birth certificate.
  • If you are not in a hurry, you can also choose to mail it, probably 2~3 weeks Can be received.

The biggest difference in Illinois: no paternity test required

This must be emphasized here:
In Illinois, a paternity test is not required to make you a legal parent.

This is completely different from many states. The Illinois Gestational Surrogacy Act specifically states that as long as the procedure is followed, the law recognizes the surrogate child as yours and there is no need for a DNA test at all.

This greatly reduces privacy risks and makes the surrogacy process easier. But! If the child is not genetically related to the prospective parents at all, for example if donor embryos are used, that's a different story -At that point, you still have to go through the adoption process to officially become legal parents.

Why do you need a surrogacy lawyer?

While Illinois laws are friendly, don't take them lightly.

Surrogate home bloggers are unanimous in emphasizing the importance of hiring an experienced surrogacy attorney and a reliable surrogacy agency, even in Illinois.

  • Surrogacy contract is your umbrella
  • A single misspelled word in a legal document can affect your legal rights

In Illinois, attorney's fees are typically in the range of $5,000 ~ $15,000. And let's not forget that the prospective parents are usually responsible for the surrogate mom's legal fees as well.

Surrogate Lawyer
Surrogate Lawyer

How do I get certified in Illinois?

In Illinois, there is a fairly unique process for establishing a parent-child relationship. It's not quite the same as California or Washington.

  • Illinois is backed by laws such as the Surrogate Mothers Act, the Illinois Fathers' Rights Act of 2015, the Illinois Vital Records Act, and others
  • These laws allow you to Completely bypassing the courtsThe certification process allows you to put your name on your child's original birth certificate.

In other words.You don't have to appear in court to be a legal parent.

Be aware, however, that there is a hard and fast rule in Illinois law:
At least one prospective parent must be the biological parent of the child.
Also, the attorney will need to prove that the entire surrogacy process complies with Illinois law.

How does the process work exactly?

Generally, the process goes like this:

  • When the surrogate mother is pregnant with 16 weeks or later, the attorney will then start preparing a bunch of certified documents for both parties to sign.
  • Both the prospective parents and the surrogate mother must have their own legal representation during the contract phase.
  • Both attorneys must sign their own separate certification statements.
  • All parties, including spouses or partners, sign a certified statement agreeing to the legal relationship between the prospective parents and the child.
  • A physician practicing in the location where the eggs were fertilized or the embryos were transferred will also be required to sign the certificate:
    • The child is not the surrogate mother's biological child
    • The child is the genetic child of at least one of the prospective parents

Usually, this doctor is your IVF doctor because he knows your embryos best.

Previously, Illinois had more requirements for out-of-state physicians.It has now been relaxed so that as long as the doctor is licensed, both in and out of state, he or she can issue this certificate.

Where does the certification statement come from?

  • All of these certification statements, made by Illinois Department of Public Health (IDPH) post
  • Forms can be found directly on their website
  • Required by Illinois law:
    • Give the original certification statement to the hospital's medical records director before the child is born
    • It's a good idea to have a few extra copies in case you lose them

What information is required?

The PBO process in Illinois is actually simpler than in California or Washington. The main need in the form:

  • Full name of owner (including maiden name)
  • Addresses of surrogate mothers and intended parents
  • Doctor's medical license number and clinic address
  • Name, state of practice, state bar number, office address, and contact telephone number of each of the two attorneys

Surrogacy Laws in the United States

One more detail:
Illinois requires two witnesses to the signing process.
However, there is no requirement for notarization. Only the two witnesses must be at least 18 years old and not parties to the surrogacy agreement.

Does Illinois charge a certification fee?

Good news:
The State of Illinois does not charge a filing fee for a certification statement.

That's a lot friendlier than many states that require a court process. Once all the certification statements are signed and returned to the attorney, the attorney will mail or electronically submit a copy to the Illinois Department of Public Health.

What if I give birth somewhere else?

Attention must be paid:

  • If the baby is born outside of the originally planned Other hospitals in IllinoisBe sure to notify the hospital's birth registrar immediately about the surrogacy and your declaration documents.
  • If the child was not born in Illinois, then these certification statements Totally ineffective.
    These documents only work if you were born in Illinois.

Illinois 2025 Surrogacy Full Process

Illinois has clear laws and procedures that are friendly to both surrogate moms and parents-to-be. But even in this "golden state," we advise you - don't take it lightly.It's a journey that deserves your discretion.

Come on, let's run through what you need to do to be a surrogate in Illinois, step by step, in order:

Step 1: Prepare for surrogacy

Whether you're an expectant parent or planning to become a surrogate mom.None of this is a "just go" decision.

In Illinois, surrogacy usually takes up to a year from initiation to the birth of the child. It's not just money that's involved during that time, but also emotional, physical, time, and even the rearrangement of workplace and family relationships.

  • For prospective parents, it is also important to compare different methods of childbearing (e.g., adoption, in vitro) and weigh the pros and cons, especially in terms of financial budget and psychological acceptability.

Step 2: Choose the right type of surrogate

Next, you have to decide which "surrogacy route" you want to take. In Illinois, there are two:

🧬 Traditional Surrogacy

This approach is becoming increasingly rare these days. This is because in traditional surrogacy, the surrogate mother uses her own eggs, which means - she is both the child's gestator and genetically the mother. The technique used is usually artificial insemination (IUI).

However, this type of approach has a legal gray area, is not protected by the Illinois Gestational Surrogacy Act, and is much riskier.That's why most people avoid this path.

🤱 Gestational surrogacy

A more mainstream and safer option. There is no genetic relationship between the surrogate mother and the baby, and the embryos are grown through IVF techniques using sperm/eggs from the prospective parents or donors.

This type of approach is legal, has a transparent process and is supported by a complete legal framework.

Recommended Reading:What is Traditional Surrogacy and Gestational Surrogacy

Step 3: Matching surrogate mothers

Matching, is one of the most critical aspects of the entire surrogacy journey.

You don't have to be paired with someone local to Illinois, many matches have been made across the state and still worked well together.

If you haven't found your ideal candidate on your own, then a surrogacy agency can help you. They take care of the screening, matchmaking, and putting you on the line with someone who is a good match in terms of philosophy.

Matching surrogate mothers
Matching surrogate mothers

Of course, some people choose to "match independently", through friends or online. This way is not impossible, but! Be aware of the risks.Without a professional organization to act as a gatekeeper, you will have to take the responsibility of vetting yourself to prevent being scammed.

Step 4: Signing a legal contract

The ideal pairing is no match for the peace of mind that comes with a clear surrogacy contract.

In Illinois, the Gestational Surrogacy Act is very clear.
The names of the prospective parents can be placed on the birth certificate directly after the birth of the child, provided that the prior formalities have been completed.No need for a court hearingThe

However, this does not mean that the "legal part is optional". You and the other party will still need to hire separate attorneys to represent you and draft the surrogacy contract.

This contract will cover it:

  • Compensation rates for surrogate mothers
  • Methods of communication between the parties
  • What to do about emergencies (e.g., pregnancy complications, medical emergency decisions, etc.)

A reliable surrogacy attorney will make sure that every single one of them meets the legal standards of the state of Illinois and safeguards everyone's rights.

Step 5: Medical phase

At this point, the parents-to-be and surrogate mother are going to enter the medical part of the process.

First, surrogate mothers need to be screened to ensure that they are physically healthy, mentally stable, and have no significant past medical history.

Then, she will start taking injections and medications to prepare for the embryo transfer. This process is physically challenging, and it is important for parents-to-be to be understanding and supportive.

Embryos are grown through in vitro fertilization techniques and then implanted in the surrogate mother's uterus by a fertility clinic doctor. Sometimes it works once, sometimes it may take a few more tries - this is normal, don't be too anxious.

After a successful pregnancy, the surrogate mother will start getting basic compensation and a monthly allowance. During the pregnancy, she will go for regular maternity check-ups, while the parents-to-be can participate and learn about the baby's development as appropriate.

Step 6: Welcoming a new life

Finally, the baby is coming!

Many expectant parents will arrive early in the surrogate mother's city to prepare for the birth of their child together.

Some may ask, "Will we still be in touch after the baby is born?"
In fact, it depends entirely on how your relationship develops. Some surrogate moms and families stay in touch, celebrating birthdays and exchanging holiday wishes together. Others choose to return to their separate lives.

Either way.This surrogacy experience will leave a unique mark on your lives!If you have questions If you have questions, a surrogacy agency or attorney can still assist you, manage relationships, provide support, and continue to walk you through the "second half" of the journey.

Illinois Surrogacy Frequently Asked Questions (FAQ)

1. Is surrogacy legal in Illinois?

Surrogacy in Illinois is completely legal and has a well-established legal framework to protect the rights of both surrogates.

2. What are the guarantees of Illinois' surrogacy laws?

Includes enforceable surrogacy contracts, pre-birth rights establishment for intended parents, LGBTQ+ community protections, and comprehensive medical and psychological evaluation requirements.

3. Is traditional surrogacy legal in Illinois?

The law does not explicitly support traditional surrogacy (surrogate mothers using their own eggs) and it is discouraged due to the high legal and emotional risks.

4. Does Illinois allow paid commercial surrogacy?

Yes, commercial surrogacy is legal and surrogate mothers can be reasonably compensated, the details of the compensation need to be specified in the contract, and the compensation is not the same as buying or selling a child.

5. can the LGBTQ+ community and single men be surrogates in Illinois?

It's perfectly fine, and the law specifically protects the rights of same-sex couples and singles to become parents through surrogacy.

6. What is the approximate cost of surrogacy in Illinois?

Typical total budgets range from $150,000 to $200,000, and costs include surrogate mother compensation, agency fees, legal fees, medical fees, and other variable costs.

7. Can Illinois surrogacy contracts be enforced?

Yes, but the conditions set forth in the law must be met, including the surrogate mother's age, genetic relationship, independent counsel, and other requirements.

8. What must be included in a surrogacy contract?

Financial terms, medical procedures, health and lifestyle, legal parenthood, dispute resolution and termination terms.

9. When is the surrogacy contract signed?

It must be signed prior to the start of any medical procedure (e.g., embryo transfer) and preferably signed and notarized within the State of Illinois.

10. How do I establish legal parentage in Illinois?

Through a Pre-Birth Order (PBO), the parents are identified by the court before the child is born, and the parents' names are included on the birth certificate directly after the child is born.

11. What is the difference between pre-birth and post-birth orders?

A pre-birth order establishes parenthood before the birth of a child, while a post-birth order is usually used when parenthood cannot be established in advance and is subject to a court hearing.

12. Is a paternity test required in Illinois?

No. As long as the surrogacy process is compliant, the law directly recognizes the intended parents.

13. Why do I need a surrogacy lawyer?

Lawyers ensure that contracts are legal and rights are protected to avoid legal loopholes and potential disputes.

14. What are the broad steps of the surrogacy process in Illinois?

Preparation stage → Selection of the type of surrogacy → Matching of surrogate mothers → Signing of the contract → Medical treatment → Birth of the baby and subsequent legal confirmation.

15. Where must a surrogacy contract be signed in Illinois?

Must be signed within the State of Illinois and notarization is recommended to enhance legal validity.

16. What are the provisions of the surrogacy contract regarding medical treatment and emergencies?

This includes details such as the number of embryo transfers, fetal reduction options, pregnancy termination conditions, and delivery methods.

17. If the baby was not born in Illinois, is the certification statement still valid?

Not valid, legal documents and certification statements related to surrogacy only apply to children born within the State of Illinois.

18. How is surrogate parentage certified in Illinois?

Legalization of parenthood is accomplished through a certification statement issued by the Ministry of Public Health and through the relevant legal procedures.

19. What are the main costs involved in the surrogacy process?

Surrogate agency fees, surrogate mother compensation, legal fees, medical expenses and other possible variable expenses.

20. What legal risks might surrogate mothers face if they are egg providers?

The surrogate mother has a genetic relationship and may reverse her claim for custody, leading to complicated legal disputes.

A warm reminder from the blogger:

The Illinois surrogacy process is mature and friendly, but it's still a long run of trust, responsibility, and love.

Make sure you do:

  • Found experiencedsurrogacy agency
  • Being fully prepared.
  • Ability to handle emergencies
  • and is willing to be honest about this "intimate but non-traditional" relationship.

No matter what stage you are at, you can contact the blogger directly for advice (at the bottom of the post), and here's wishing all the parents-to-be, to hold their babies home soon!

This article is organized and published by Surrogate's House, the pictures are from the Internet, if there is any infringement, please contact to delete! Reprinted with permission from the source.https://www.surrogacyjourneys.com/en/615.html
Surrogacy Journeys

作者: Surrogacy Journeys

With 10 years of surrogacy experience, I have some knowledge about foreign surrogacy laws, process, and surrogacy agency selection, and I hope to share useful surrogacy knowledge to families in need through this blog. Free public service for netizens, you have any confusion about surrogacy, or wish to get any advice about surrogacy, welcome to WeChat consultation!

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