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What Are the Laws Regarding Gestational and Traditional Surrogacy?

Posted on in Family Law

Arlington Heights, IL family law attorney surrogacy

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:

  • At least one of the intended parents is the egg or sperm donor.

  • The surrogate is not biologically related to the baby and is at least 21 years old.

  • There is a medical need for surrogacy.

  • The intended parents and the surrogate undergo medical and psychological evaluations and consult with independent legal counsel prior to any medical procedures.

  • The participants sign a surrogacy contract before any medical procedures.

The surrogacy contract addresses issues such as the baby’s parentage, surrogacy compensation, the surrogate’s post-birth relationship with the baby, and much more. It is essential to work with an attorney experienced in surrogacy cases when drafting your surrogacy contract.

What if I Do Not Meet the Criteria for Gestational Surrogacy?

In a traditional surrogacy, the surrogate is the biological mother of the baby. If you do not meet the criteria for a gestational surrogacy, you may still pursue traditional surrogacy. Illinois law does not prohibit traditional surrogacy, but there is not a specific act addressing parentage and other issues in a traditional surrogacy. Because the surrogate is the baby’s biological mother in a traditional surrogacy, the surrogate will need to terminate her parental rights after the baby is born. The intended parents may then establish parentage through adoption. Whether you intend to pursue gestational surrogacy or traditional surrogacy, a family law attorney can help ensure that the surrogacy meets the requirements established by Illinois law and that the process goes as smoothly as possible.

Contact an Arlington Heights, IL Surrogacy Agreement Lawyer

If you are interested in having a baby through a surrogate or you want to be a surrogate mother yourself, contact a skilled Arlington Heights, IL family law attorney from A. Traub & Associates for reliable legal guidance and support. We can help you understand your rights and obligations, draft a surrogacy contract, address parental rights, and more. Call our office today at 847-749-4182 to schedule a personalized, confidential consultation.




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