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GESTATIONAL SURROGACY IN ILLINOIS

Gestational Surrogacy in Illinois is permitted by 750 ILCS 47/1 – 47/75.


Do courts grant pre-birth parentage orders?  No, they are not necessary under the Illinois statute. Post-birth parentage orders are sometimes obtained in Illinois, but in most cases they also are not required. Instead, the statute permits Intended Parents to bypass the court and go straight to Vital Records to obtain a birth certificate, so long as all statutory requirements are met and if all necessary certifications have been filed both with the Illinois Department of Public Health and with the delivery hospital prior to the child’s birth. Otherwise, a post-birth parentage court order is necessary.

Who can establish parentage under the statute if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Same-sex couple using an egg donor or sperm donor: Yes
  • Single parent using own egg or sperm: Yes 


Who can establish parentage under the statute if no parent is genetically related to the child?

  • Married heterosexual couple: No
  • Unmarried heterosexual couple: No
  • Same-sex couple: No
  • Single parent: No

 
What are the bases for venue?
  County of the child’s birthplace
 
Do results vary by venue?  No
 
Is a hearing required to obtain a parentage order?  No, if all the statutory requirements are met and the administrative process is completed prior to delivery, no hearing is necessary. The court process is skipped and the Intended Parents go directly to Vital Records. In the event that the administrative process is not completed prior to delivery, then a court hearing is necessary, resulting in a parentage order.   
 
Will Illinois Vital Records honor a pre-birth order from another state?  Unclear 
 
What is the typical time frame to obtain a birth certificate after delivery?
 A birth certificate can be obtained within 3-5 days of the child’s birth from the county clerk’s office, or 2-3 weeks by mail.

Same-Sex Couples

How are same-sex parents named on the final birth certificate? Co-Parent and Co-Parent
 
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Yes, if the administrative process is not completed prior to the birth of the child, the hospital will presume the Gestational Carrier is the mother.
 
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
Yes
 
Can a non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Illinois (i.e., neither of the Intended Parents live in Illinois)? Yes

SECOND PARENT & STEP PARENT ADOPTIONS FOR ILLINOIS RESIDENTS

Note: This situation typically arises if the child is born outside of the state.  The parents then return to Illinois to obtain a second parent adoption or stepparent adoption in Illinois.

Will courts in Illinois grant second parent adoptions or stepparent adoptions to heterosexual couples living in Illinois?  Yes
 
Will courts in Illinois grant second parent adoptions or stepparent adoptions to same-sex couples living in Illinois?  
Yes
Does the couple need to be married?  
No

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No

TRADITIONAL SURROGACY IN ILLINOIS

Traditional Surrogacy in Illinois is permitted because no statute or published case law prohibits it. In practice, Traditional Surrogacy is treated like a stepparent adoption in Illinois (so long as the Intended Parent provides the sperm).  Consequently, the Traditional Surrogate cannot relinquish her maternity rights prior to 72 hours after the child’s birth.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Julie Tavoso
Chicago, IL
Julie@reproductive-law.com
(630) 325-9100
 
Nidhi Desai
Chicago, IL
ndesai@familybuildinglaw.com
(312) 673-5312
 
Other attorneys practicing Reproductive Law in this state:
 
Sheila A. Maloney, Attorney at Law
Downers Grove, IL
stmesq@msn.com
www.iladoptionlawyer.com
 
Heather Ross & Nora Zuckerman
Northbrook, IL
hross@rossandzuckerman.com
nzuckerman@rossandzuckerman.com
www.infertilityattorney.com
 
Meg Nemeth Ledebuhr
megledebuhr@gmail.com
www.bergerschatz.com/family
 
Law Office of Denise Patton
Palatine, Illinois  
DPatton@GrowYourFamily.Net
http://www.growyourfamily.net/ 
 
Law Office of Brian Esser
brian@esserlawoffice.com
www.esserlawoffice.com
 
Rich Vaughn
Los Angeles,CA
Rich@iflg.net
(323) 904-4733

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