Legal Requirements for an Illinois Surrogacy Contract

 Posted on June 20, 2025 in Family Law

Entering into a surrogacy contract is a huge legal and emotional step for anyone involved. Illinois has extensive and comprehensive surrogacy laws, offering strong protections for surrogates and parents. To ensure your rights are secure, you must work with experienced attorneys. Our DuPage County, IL surrogacy contract lawyers help clients navigate the legal requirements and establish parentage.

Requirements for a Surrogacy Agreement in Illinois

In Illinois, a gestational surrogacy agreement must meet specific legal criteria under the Illinois Gestational Surrogacy Act, 750 ILCS 47, to be enforceable. The act stipulates that the contract must be in writing with two competent adults as witnesses, and it has to be signed before any medical procedures begin, excluding initial screenings. All parties involved must have legal counsel. Any compensation must be handled through an independent escrow account, and the surrogate has to agree to the following:

• The embryo transfer

• To carry and deliver the child

• To surrender custody after the birth

The surrogate also has the right to choose the physician, and if married, the spouse must make similar commitments. The intended parents agree to take full custody and financial responsibility for the child.

Illinois Parentage Process for the Intended Parent or Parents

To ensure that the intended parents are properly recognized as the legal parents of a child born through surrogacy, Illinois law provides a legal process for placing their names on the birth certificate. Illinois statute 750 ILCS 46/101 ensures the surrogate is excluded from the birth record.

Documents required to complete the parentage process before the child’s birth include a statement from both the intended parents and the surrogate confirming that everyone involved was informed of their legal and contractual rights and responsibilities. It also requires a statement from everyone’s lawyer confirming that the agreement complies with Illinois law and a statement from a doctor confirming that at least one intended parent is genetically tied to the pregnancy. Neither the surrogate nor their spouse can contribute genetically.

Requirements for the Surrogate and the Intended Parents in Illinois

Under Illinois law, the surrogate must be at least 21 years old and have given birth before. They need medical and mental health evaluations and must have a consultation with an independent legal representative about the terms of the surrogacy contract. They also need health insurance.

In addition to the requirement that at least one intended parent make a genetic contribution, either the egg or sperm, they must also have a doctor confirm a medical need for surrogacy. Both intended parents have to undergo medical and mental evaluations and seek independent legal counsel. The goal is to ensure that everyone understands the surrogacy contract. 

Contact a Lombard, IL Surrogacy Contract Attorney Today

If you are looking into surrogacy in Illinois, you will need legal counsel to ensure you understand every element of the agreement. Our knowledgeable Wheaton, IL surrogacy contract lawyers are here to discuss your situation and the options available to you. Contact A. Traub & Associates at 630-426-0196 to schedule a confidential consultation today. We represent surrogates and intended parents.