Surrogacy can allow an individual or couple to fulfill their dreams of becoming a parent. However, surrogacy is also a complicated process – legally, emotionally, and financially. If you want to use a surrogate to have a child, it is essential that you learn about surrogacy laws in Illinois and work with an experienced family law attorney. Your lawyer can protect your rights and the rights of your unborn child, draft a comprehensive surrogacy contract, and ensure that your surrogacy plan meets the requirements set forth by Illinois law.

Understanding the Illinois Gestational Surrogacy Act

The Illinois Gestational Surrogacy Act (IGSA) establishes the requirements for a valid gestational surrogacy contract. If parents follow these requirements, the parents will be automatically named on the child’s birth certificate and will not need to take additional legal action to gain parental rights for their new baby. In a gestational surrogacy, the surrogate is not biologically related to the child. The egg and sperm are combined using in vitro fertilization and then the embryo is implanted in the surrogate’s uterus. The IGSA sets forth many requirements, including: