Surrogacy in Illinois

Surrogacy in Illinois – Statutory, Regulated & Intentionally Structured

Illinois is one of the states that explicitly permits gestational surrogacy under statute. This guide explains how the process works in Illinois—what the Illinois Gestational Surrogacy Act requires, how parentage is established, what must be included in contracts, and how Surrogacy4All’s physician-led approach ensures compliance, clarity, and support from start to finish.

Who This Guide Is For

Heterosexual couples, LGBTQ+ couples, and single intended parents seeking a clear, lawful route in Illinois.
Professionals who prefer concierge-level oversight, transparent budgets, and secure fund-handling.
Anyone comparing agencies or clinics and needing a compliance-first checklist to avoid legal or procedural mistakes.

In Illinois, a strong outcome begins with meeting statutory requirements, securing independent counsel, and aligning clinical, legal, and administrative steps in tandem.

Why Surrogacy4All’s Approach Works in Illinois

Our structure aligns with Illinois’s legal regime and the realities of assisted reproduction:

Statutory Integrity — All agreements and processes follow the Illinois Gestational Surrogacy Act and Illinois Parentage Act requirements.
Clinical Safety & Best Practices — We partner only with fertility clinics and labs that adhere to medically recognized standards (including federal guidelines for handling gametes and embryos).
Full Support — Surrogate wellness, legal coordination, administrative filings, and continuous communication to intended parents.

Our goal: minimize legal risk, avoid surprises, and streamline your journey.

Legal & Contractual Framework in Illinois

1) Eligibility Requirements (Statutory Conditions)

Under Section 20 of the Illinois Gestational Surrogacy Act: For the gestational surrogate to satisfy eligibility at the time the contract is executed, she must:

Be at least 21 years old
Have already given birth at least once
Undergo a medical evaluation
Undergo a mental health evaluation
Have legal consultation with independent legal counsel
Hold (or obtain) a health insurance policy that covers major medical treatments, hospital care, and extends through the pregnancy and for 8 weeks postpartum (the intended parents may procure this for the surrogate)

2) For the intended parent(s) to meet eligibility at contract execution

At least one must contribute a gamete (egg or sperm) to create the embryo that the surrogate will carry
They must have a medical need for surrogacy, evidenced by a physician’s affidavit (per Illinois Parentage Act requirements)
They must complete a mental health evaluation
They must receive independent legal consultation about the surrogacy contract’s consequences

3) Contract Requirements & Enforceability

Under Section 25 of the Act, to make the contract presumptively enforceable, it must:

Be in writing
Be executed prior to any medical procedures (other than evaluations for eligibility)
Be executed by the surrogate (and her spouse if married) and by the intended parent(s) meeting their eligibility conditions
Each party must have separate legal counsel in all matters concerning the contract
Each party must sign an acknowledgment that they received information about legal, financial, and contractual rights, obligations, penalties, and expectations
The contract must be witnessed by two competent adults (not parties to the contract)

4) Additionally, the contract must include

The surrogate’s agreement to undergo embryo transfer and carry to term
The surrogate’s agreement to surrender custody of the child to intended parent(s) immediately upon birth
If the surrogate is married, the spouse’s agreement to the same obligations
The right of the surrogate to use a physician of her choice (in consultation) for her prenatal care
The intention of the intended parent(s) to immediately accept custody and support the child after birth

If any requirements are not met, a court may later determine parentage based on parties’ intent or in litigation.

Parentage & Vital Records Procedure (No Court Needed When Compliant)

The Illinois statute permits administrative parentage establishment (i.e. through vital records) rather than requiring court proceedings, if all statutory criteria are satisfied.
The Illinois Department of Public Health requires certified statements from the surrogate, intended parent(s), spouse (if any), and the physician. These statements must declare parentage and be filed prior to birth.
These statements must be on prescribed forms, signed, witnessed by two competent adults not involved in the surrogacy, and delivered to the hospital’s medical records department before birth.
If the child is born in a hospital different from the planned hospital, the delivering hospital must be informed and provided with original statements.
After birth, the birth certificate is issued with the intended parents’ names.
If statutory requirements are unmet, parties may seek court orders to establish parentage post-birth.

Legal Authorization & Statutory Basis

Illinois has the Illinois Gestational Surrogacy Act (750 ILCS 47), which establishes procedural safeguards for gestational surrogacy contracts.
The law declares that a gestational surrogacy contract is presumed enforceable if it meets certain requirements set in Section 25 of the Act.
Under the statute, if all requirements are met, courts are not necessarily involved: parentage may be established by administrative filing with vital records rather than litigation.

On “Licensing & FDA / Lab Standards” in Illinois

Illinois law does not specifically require an “FDA license” for surrogacy programs. The Illinois statute focuses on eligibility, contract structure, escrow, legal counsel, and parentage procedures.

However, federal regulations apply to fertility clinics, labs, and tissue banks handling gametes, embryos, or other human tissue. Any clinic or laboratory involved in your surrogacy process should comply with applicable FDA / HCT/P standards for screening, storage, record-keeping, labeling, chain-of-custody, and adverse event reporting.

From a best-practice perspective, a surrogacy program should partner only with clinics and labs that:

Are FDA-registered (where required)
Use documented SOPs for handling gametes/embryos
Maintain chain-of-custody, proper labeling, and controlled storage
Keep comprehensive records and have protocols for adverse event reporting
These clinical/laboratory standards, while not statutorily mandated in Illinois surrogacy law, are critical safeguards in practice.

Costs & Timelines

Your budget should present clear line items, including:

Program / Agency Fee — oversight, coordination, case management
Surrogate Compensation & Benefits — base pay, allowances, travel, wellness
Clinical / IVF & Laboratory Costs — screening, embryo creation, transfer, monitoring
Legal Fees — drafting, counsel for both sides, parentage filings
Insurance — surrogate medical coverage, newborn insurance, policy riders

Typical timeframe: 12–18 months from initial intake to birth. Parallel processing (legal + clinical + administrative) helps reduce wait times and idle phases.

Step-by-Step Illinois Journey

Step 1

Consultation & Readiness

Define your goals, legal domicile, budget, and timeline.

Step 2

Contract Drafting & Compliance Check

Draft contract under Illinois statute, verify eligibility of surrogate and intended parents, ensure independent legal counsel.

Step 3

Medical & Lab Onboarding

Agree on embryo strategy, screen parties, work with compliant IVF/lab partners.

Step 4

Surrogate Matching

Match based on values, medical compatibility, geography, and hospital preferences.

Step 5

Finalize Legal Contract

Execute the surrogacy contract (with escrow set up if compensation is involved) before any medical procedures (other than eligibility evaluations).

Step 6

Embryo Transfer & Monitoring

Administer medications, monitor, transfer embryo under best-practice protocols.

Step 7

Pregnancy Support

Wellness for surrogate, OB transition, case updates, disbursement via escrow.

Step 8

Parentage Statements & Vital Records Filing

Submit certified statements by surrogate, intended parents, spouse (if any), and physician to hospital and vital records before birth.

Step 9

Birth & Homecoming

Child born with birth certificate reflecting intended parent(s) names. Complete newborn care and insurance processes.

Surrogate Screening & Support

Medical Evaluation: obstetric and reproductive history, labs, physical fitness
Psychological Assessment: mental health screening, readiness for third-party reproduction
Legal & Social Review: background checks, home environment, references
Wellness Support: nutrition, stress management, travel logistics, appointment coordination

Case Study

From Match to Baby in 15 Months

A single intended mother with embryos stored at an FDA-registered clinic. After compliance checks, she matched with a surrogate in 6 weeks. Contracts finalized within 30 days. First transfer was successful. A pre-birth order was granted in the second trimester. She left the hospital with her baby 48 hours after delivery—smoothly, thanks to parallel processing of legal, insurance, and medical steps.

Surrogacy in Illinois