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Surrogacy Laws in Illinois

Illinois has laws on the books that allow for gestational surrogacy contracts, but it doesn’t address traditional surrogacy arrangements yet. Surrogacy arrangements dealing with LGBT couples hasn’t been looked at by the courts yet.


Explanation: There was a 2004 law called the Gestational Surrogacy Act. The Act says that the parents who are intended in a gestational surrogacy arrangement get full custody when the child is born. However, the law says that there are well-defined guidelines for eligibility for both the intended parents and the surrogate. The surrogate has to: (1) be 21 years old; (2) have already given birth to one child; (3) have gone through a medical evaluation; (4) have undergone an evaluation for mental health; (5) have done a consultation with an independent legal counsel concerning the terms and consequences of the gestational surrogacy; and (6) already possess a health insurance policy (for the pregnancy and for two months after the birth) that deals with hospitalization and major medical treatments. The intended parents have to: (1) give at least one of the gametes (which is the sperm or egg) needed to make the child; (2) have a medical requirement for the gestational surrogacy; (3) have gone through a mental health evaluation; and (4) have done a consultation with an independent legal counsel dealing with the terms and legal consequences of the gestational surrogacy arrangement.

The Act also deals with different requirements that the surrogacy arrangement itself has to meet. The obligations set forth by the Act are difficult, but there is no suggestion that a LGBT couple could be forbidden from qualifying.



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