Illinois Surrogacy Laws

Stance of Courts Toward Surrogacy

Surrogacy is permitted by statute.

 

Intended Parents Marital Status / Establishing Parentage

-allows surrogacy regardless of marital status, sexual orientation, as long as one intended parent is genetically related to the child. Pre-birth and post-birth parentage orders are available if no genetic connection to the child

Money Permitted?

Yes.

Summary of Law

Illinois law allows for enforceable gestational surrogacy contracts and pre-birth orders establishing parentage.

Cases, Additional Info

Illinois Compiled Statutes 750 ILCS 47 is a Gestational Surrogacy Act, which establishes the legal requirements for gestational surrogacy.  Does not specifically address traditional surrogacy, but is allowed.