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The Legal Requirements for Surrogate Pregnancies in Illinois 

 Posted on October 12, 2022 in Family Law

Lombard surrogacy contract lawyerIt is often said that there is nothing more magical and rewarding than becoming a parent. But, sadly, becoming pregnant is not always as easy as a couple may expect. Many aspiring parents need a little extra assistance to make their family dreams come true.

Whether you are looking to see if you are eligible for surrogacy or are the intended parents considering surrogacy as a pathway to becoming parents, several legal requirements must be adhered to for the process to be legally valid. First, a surrogacy contract must be established at the outset of the process in Illinois. This contract is an agreement and, in many ways, a road map for the prospective parents and surrogate mother that helps safeguard the rights of the intended parents and surrogate. Whether you are the intended parents or a surrogate, an experienced surrogacy contract attorney can help both parties ensure that all rights are protected throughout the process.

What Are the Requirements for a Surrogacy Contract to Be Valid?

Under Illinois law, according to the Gestational Surrogacy Act, which was updated as recently as 2015, there are a number of requirements that the surrogate and intended parents must meet for the surrogacy contract to be valid. Let us begin with the requirements for the surrogate. The surrogate must:

  • Be 21 years of age or older

  • Have previously given birth to at least one other child

  • Undergo and pass a medical and mental health evaluation

  • Possess insurance able to cover both prenatal and postnatal care (it is common for the intended parents to provide this coverage)

  • Confer with a neutral attorney concerning the terms of the surrogacy agreement

For the intended parents, the requirements are as follows:

  • The parents must supply at least one of the gametes (egg or sperm)

  • The parents must have a medical need for surrogacy, which can be confirmed by a physician’s affidavit

  • The parents must undergo a mental health evaluation

  • The parents must confer with a neutral attorney concerning the terms of the surrogacy agreement

The surrogacy contract agreement is of the highest importance. This is because in Illinois, without such a contract, the law presumes that if a woman gives birth, the woman is then the legal parent of the child. Once that notion is made, it can be challenging to disprove.

Contact a Lombard Surrogacy Contract Attorney

The prospect of having children and building a family can be amongst the most exciting and worthwhile times of someone’s life. Helping others fulfill their wishes to become parents can be equally rewarding. Regardless of which side of the surrogacy contract you are on, contact DuPage County Surrogacy Contract lawyers with A. Traub & Associates, who can help make sure your rights stay protected throughout the surrogacy process. Call 630-426-0196 for a private consultation.


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