Illinois

Accepts / Does NOT Accept CA Judgment

Unknown – Use IL procedures

*UNCLEAR IF CA JUDGMENT ACCEPTED*

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth (can obtain a judgment for IPs if needed for their purposes, such as immigration, but an administrative process is all that VR requires to put IPs on birth certificate, as long as the requirements under the 750 ILCS 47/1 – 47/75 Illinois Gestational Surrogacy Act are met and 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)

State Law Governing Gestational Surrogacy

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Gestational surrogacy is governed and permitted by 750 ILCS 47/1 – 47/75 a comprehensive surrogacy framework for intended parent(s) who contribute at least one of the gametes to the embryo(s) implanted in the surrogate’s uterus.

Vital Records Information

IL Requirements:

  • At least one IP is genetically related
  • IPs have a medical need supported by physician’s affidavit attached to surrogacy agreement
  • IPs and GC complete mental health evaluation
  • The parties need to sign written acknowledgment stating that they received information about legal, financial, contractual rights and obligations
  • Statute also says that agreement must be witnessed by 2 adults

Birth Certificates: 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.

Local Counsel

Nidhi Desai
Chicago, IL
[email protected]
(312) 673-5312