Can Gay Couples Have a Child From a Donated Egg in Illinois? 

 Posted on February 18, 2022 in Divorce

Thanks to the landmark Obergefell v. Hodges supreme court case, same-sex families in Illinois can get married. Along with an increase in LGBT marriage has come an increase in couples who want to adopt or have children through methods such as egg donation and gestational surrogacy. While these methods are wonderful for building families, they do have legal complications and it is important to understand how Illinois law handles cases where one or both parents do not have a biological relationship with the child. 

Illinois Egg Donors Do Not Have Parental Rights 

When an egg donor helps an individual or couple conceive through assisted reproductive techniques, the donor completely gives up their legal parental rights to any children that result from their donation. Because an egg donor does not have parental rights, both members of a same-sex couple may have parental rights for a child conceived through egg donation.

The most common form of egg donation agreement is completely anonymous, meaning that after the parents select the donor from a list of possible candidates, the donor and the parents do not know anything further about each other and do not remain in contact after the donor completes the fertility cycle in which eggs are retrieved. While intended parents may choose to share more personal details with a donor, such as the fact that they are a same-sex couple, anonymous donation agreements still allow the intended parents to have full legal rights over the child. 

Adopting a Child Without A Biological Relationship to Either Parent

Gay, lesbian, bisexual, and transgender couples use assisted reproductive strategies, and in some cases, neither parent has a biological relationship with the child. In this situation, both the egg donor, the gestational surrogate, and both spouses must ensure they have legal representation and fully understand the legal implications of their decision. While it is legal for both parents to adopt a child who is not biologically related to them, it requires an alternative legal route and help from an attorney with experience in alternative reproductive strategies. 

Call an Experienced Arlington Heights, IL Egg Donation Agreement Lawyer

Getting the legal agreements right in egg donation cases is crucial for ensuring your relationship with your child is as strong legally as it is emotionally. Call a skilled Arlington Heights egg donation agreement attorney with A. Traub & Associates today to schedule an initial consultation and learn more about our egg donation and surrogacy legal services. Contact us at 847-749-4182. 

Sources: 

http://www.ivfchicago.com/lgbt-family-building 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2613&ChapterID=59