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Illinois Surrogacy Agreement Attorney

Schaumburg surrogacy contract lawyer

Lawyers for Gestational Surrogacy Contracts in Arlington Heights and Rolling Meadows

If a person or couple wishes to have a child, but they are unable or unwilling to conceive and bear the child on their own, they may have another person carry and deliver the child for them. This is known as surrogacy, and in these cases, a legal agreement will need to be created to protect the rights of all parties involved.

The attorneys of A. Traub & Associates are well versed in the Illinois family law statutes that apply to surrogacy. If you are planning to have a child through surrogacy, or if you wish to act as a surrogate parent, we can help you create a contract that protects your rights and meets your needs.

Gestational Surrogacy in Illinois

The Illinois Gestational Surrogacy Act defines the rights of parties involved in a surrogacy agreement and the requirements that must be followed. This law applies in cases in which a woman becomes pregnant through in vitro fertilization and bears a child for the child's intended parents. The surrogate must have no genetic connection to the child, and at least one of the intended parents must provide the sperm or egg used to conceive the child.

A woman may serve as a gestational surrogate if she is at least 21 years old, has previously given birth to at least one child, has completed a medical and mental health evaluation, has consulted with independent legal counsel, and has obtained health insurance coverage for all treatments and/or hospitalization required during the pregnancy. In a gestational surrogacy, the intended parent or parents must have a medical need for surrogacy, they must complete a mental health evaluation, and they must consult with independent legal counsel to ensure they understand the terms of their surrogacy contract.

When the surrogate mother and the intended parents execute a gestational surrogacy contract, the intended parents will assume parental rights and responsibilities for the child immediately upon the child's birth. If the surrogate is married, her spouse must also sign the contract, agreeing to follow its terms and surrender custody of the child to the intended parents. The contract must be in writing, and it must be signed in the presence of two adult witnesses.

In addition to addressing parental rights for the child, a gestational surrogacy agreement may include a variety of other terms, including:

  • Providing for the payment of compensation to the surrogate, including any expenses related to the surrogacy, such as travel costs or lost income. 
  • Requiring the surrogate to abstain from any activities that would endanger the child's health, such as smoking or drinking alcohol.
  • Specifying how matters will be handled during the pregnancy and birth, such as who will be allowed to attend doctor appointments or be present in the delivery room.
  • Detailing whether the surrogate will have an ongoing relationship with the child following the birth.
  • Addressing whether the parties will be required to maintain confidentiality about the identity of the surrogate, the intended parents, or the child.

What About Traditional Surrogacy?

In some cases, a planned surrogacy may not meet the requirements for gestational surrogacy as defined in Illinois law. If the surrogate mother is genetically related to the child, or if the embryo does not contain genetic material from either of the intended parents, the requirements for a gestational surrogacy contract will not apply. However, a surrogacy agreement may still be created in these cases.

In this type of contract, the surrogate mother will typically agree to relinquish parental rights to the child, and the intended parents will assume parental responsibilities through adoption. In order to ensure that the rights of all parties are protected, the assistance of an experienced attorney is essential when creating this type of agreement.

Contact a Rolling Meadows Family Law Attorney

If you are planning to have a child through a surrogate, or if you wish to serve as a surrogate mother, A. Traub & Associates can help you understand your rights and work with you to create a surrogacy agreement that meets your needs. Contact us today and set up a confidential consultation by calling 847-749-4182. We represent clients in Arlington Heights, Long Grove, Rolling Meadows, Wheeling, Palatine, Schaumburg, Mt. Prospect, Elk Grove Village, Des Plaines, Inverness, Hoffman Estates, Buffalo Grove, and throughout Northwest Cook County.

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