An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Illinois

Generally, is Illinois friendly to ART? Yes, Illinois is a very friendly state for individuals pursuing ART

Is Illinois friendly to non-married couples? Yes, Illinois is friendly to non-married couples

Is Illinois friendly to LGBT families? Yes, Illinois is friendly to LGBT

Is Illinois friendly to a single intended parent? Yes, Illinois’ gestational surrogacy act applies to single intended Parents

Are there statutes in place for surrogacy? Yes, Illinois has statues in place for gestational surrogacy arrangements

Does Illinois have an embryo donation statute? Illinois has a parentage statute that protects children born of gamete donation

Does Illinois have an egg donation statute? Illinois has a parentage statute that protects children born of gamete donation

Is gestational surrogacy (third party gamete use) permitted in Illinois? Yes, the Illinois Gestational Surrogacy Act provides protection for all parties involved in a gestational surrogacy arrangement

Is traditional surrogacy (use of the surrogate’s genetic material) permitted in Illinois? Traditional surrogacy is not governed under the Gestational Surrogacy act in Illinois but is not legally prohibited.  Careful legal guidance is imperative.

Is compensated surrogacy allowed by statute in Illinois? In practice? Yes, the Illinois Gestational Surrogacy Act provides protection for all parties involved in a compensated gestational surrogacy arrangement

Is uncompensated (expense reimbursement only) surrogacy allowed by statute in Illinois?  In practice? Yes, the Illinois Gestational Surrogacy Act provides protection for all parties involved in an uncompensated gestational surrogacy arrangement

Does Illinois only permit a Carrier to be reimbursed for expenses (altruistic)? No, Illinois permits reasonable compensation and reimbursement of expenses

Are surrogacy agreements enforceable, void or prohibited in Illinois? Illinois statutes enforce gestational surrogacy agreements that comply with the requirements of the Illinois Gestational Surrogacy Act.

Do both Intended Parents both have to be genetically related to the child in Illinois? No, in Illinois, both Intended Parents do not have to be genetically related to the child

Does Illinois require at least one Intended Parent to be genetically related to the child? The Illinois Gestational Surrogacy Act provides an administrative mechanism to establish parentage if one Intended Parent provides a gamete for the child,. Contact a AAAA attorney to discuss options for circumstances when an Intended Parent has not provided a gamete.

In Illinois, if a single intended parent uses surrogacy, do they have to be genetically related to the child? While the Illinois Gestational Surrogacy Act provides an administrative mechanism to establish parentage if one Intended Parent provides a gamete for the child, contact a AAAA attorney to discuss options for circumstances when an Intended Parent has not provided a gamete

Do the Intended Parents have to be married in Illinois? No. In Illinois the Intended Parents do not have to be married.

Do two Intended Parents have to be opposite genders in Illinois? No. Illinois law allows for same-sex couples, individuals, and non-married couples to benefit from the Gestational Surrogacy Act.

Does Illinois allow pre-birth parentage orders to be issued for surrogacy?

Does Illinois only allow a post-birth parentage order to be issued? No. However, Illinois law allows for a post-birth declaratory judgment order to confirm parentage if desired.

Can you obtain both a pre and post birth order in Illinois for the same child? In Illinois, it would be unnecessary.

Can you obtain a parentage order if only the carrier resides in Illinois? No, Illinois law does not require that the gestational surrogate resides in Illinois if there is otherwise proper jurisdiction

Can you obtain a parentage order if only the intended parents reside in Illinois? No, Illinois law will allow a parentage order if there is otherwise proper jurisdiction

Can you obtain a parentage order if only the birth occurs in Illinois? Yes.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Illinois? The Illinois law does not specifically address this scenario.

Do results vary by venue in Illinois?  The Illinois Gestational Surrogacy Act governs the entire state.  Venue is an important consideration that should be discussed with your attorney

Does Illinois have a passport office? Yes, Illinois has a passport office in Chicago

How long does it take to obtain a birth certificate in Illinois? In Illinois, this will depend on the county clerk’s office.

Will Illinois vital records office honor a parentage order from another state? In Illinois, Vital records will prefer an Illinois order.

Does your vital records require a parentage order from another state to be registered? It depends on the circumstances. Contact an Academy fellow licensed in Illinois for more information.

How does the birth certificate list same-sex parents in Illinois? In Illinois, the birth certificate will list same-sex parents as co-parent or mother-mother, father-father.

In Illinois, can an initial birth certificate be obtained naming the biological parent and the carrier? In Illinois, this is contrary to our public policy because the carrier is not the child’s legal mother upon birth

In Illinois, can the birth certificate be amended to include only the biological parent or both intended parents? In Illinois, the birth certificate will reflect the legal parents

Do your amended birth certificates say “amended” on them? In Illinois, the birth certificates do not indicate that they are amended

In Illinois, can intended parents in a surrogacy obtain an adoption order? In limited circumstances, it might be prudent to obtain an adoption order in Illinois

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Illinois should not rely exclusively on these printed responses.  All these issues should be discussed with an Illinois ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.