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Surrogacy Contracts
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DuPage County Surrogacy Contract Lawyers

Attorneys in Lombard for Surrogate Agreements

Illinois Surragocy Lawyer

Thanks to advancements in medical technology in recent decades, couples who are unable to have children on their own have more options than ever before. While adoption may be appropriate in some cases, couples are increasingly turning to assisted reproduction solutions such as surrogacy to help them build the family of their dreams.

At A. Traub & Associates, we realize that the surrogacy process can be quite complicated and often involves a number of complex legal concerns. Our lawyers understand what is at stake in negotiating and drafting sound, equitable surrogacy agreements. Whether you are looking to become a parent through surrogacy or a potential surrogate, our team can provide the guidance and representation you need to protect your rights and your best interests.

Surrogacy and Infertility

From a medical standpoint, a couple is considered infertile when a disease or disorder prevents the couple from conceiving a child or makes carrying a pregnancy to full term impossible. It is estimated that about one out of every eight American couples have been or will be affected by infertility at some point. For many couples who unable to have children naturally, surrogacy may be an attractive option. Surrogacy can also help same-sex couples realize their dreams of having children as well.

Surrogacy Lawyers Who Know the Law

In Illinois, surrogacy arrangements are governed by the Gestational Surrogacy Act, which was originally passed in 2005 and significantly updated in 2015. Under the Gestational Surrogacy Act, there are a number of requirements that must be met in order for the surrogacy contract to be considered valid.

To be eligible for surrogacy, the surrogate must:

  • Be at least 21 years old;
  • Have given birth to at least one child;
  • Undergo a medical evaluation;
  • Undergo a mental health evaluation;
  • Have insurance to cover prenatal and postnatal care. This coverage may be provided by the intended parents; and
  • Consult with an independent attorney regarding the terms of the surrogacy agreement.

For their part, the intended parents must:

  • Contribute at least one of the gametes (egg or sperm);
  • Have a medical need for surrogacy, as shown by a physician's affidavit;
  • Undergo a mental health evaluation; and
  • Consult with an independent attorney regarding the terms of the surrogacy agreement.

The surrogacy agreement is of utmost importance because, in the absence of such a contract, Illinois law presumes that a woman who gives birth to a child is the legal parent of that child. Once this presumption is made, it can extremely difficult to disprove.

Protecting Your Rights

At A. Traub & Associates, we provide trusted counsel to individuals and couples on either side of a surrogacy contract. If you are considering surrogacy or you are thinking about being a surrogate, we will meet with you to discuss your situation and your available options. From there, we will work with you in meeting the necessary requirements while ensuring that your rights are fully protected.

Schedule a Consult Today

For more information about our firm and how we can help with your surrogacy contract, contact our office. Call 630-426-0196 for a confidential consultation today. Our lawyers represent intended parents and surrogates in Lombard, Wheaton, DuPage County, Cook County and throughout Northern Illinois.

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