Illinois Surrogacy: Laws & Complete Guide
General Surrogacy context in Illinois
In the Illinois Surrogacy Guide, SurrogateFirst compiles the latest available information from official sources to answer key questions, including:
- Is gestational and traditional surrogacy legal in Illinois?
- What specific surrogacy requirements apply in Illinois, if any?
- What must be included in a legally valid Illinois surrogacy contract?
- What factors influence the cost of surrogacy in Illinois, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Illinois compared to other states?
- How friendly is LGBTQ+ surrogacy in Illinois?
Is Surrogacy Legal in Illinois?
Statutory & case-law breakdown In Illinois
Illinois has some of the most comprehensive and detailed statutory provisions in the country that address surrogacy found in the Illinois Gestational Surrogacy Act. The law was significantly updated in 2025 by the Equality for Every Family Act, enacted as HB 2568 / Public Act 104-0448.
Learn more about how Illinois’ Equality for Every Family Act simplifies surrogacy access, protects surrogates and clarifies legal parentage for intended parents.
The updated law continues to expressly permit gestational surrogacy while expanding who can use the Illinois framework and strengthening protections for everyone involved. Most notably, intended parents are no longer required to have a genetic connection to the child in order to qualify under the Act. Illinois also continues to provide a process for establishing legal parentage at birth without requiring a traditional court proceeding when the statutory requirements are met.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Illinois, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below are some of the most frequently asked questions about Illinois.
Is Gestational Surrogacy Legal in Illinois?
Yes. Gestational surrogacy is legal and regulated under the Illinois Gestational Surrogacy Act as amended by the Equality for Every Family Act, enacted as HB 2568 / Public Act 104-0448.
Is Traditional Surrogacy Legal in Illinois?
Yes. Traditional surrogacy laws are not included in the Illinois Gestational Surrogacy Act so it is not prohibited; however, there are no laws protecting it making it a risky path to pursue.
Traditional surrogate journeys are rare because in these cases, the surrogate is the biological mother of the child and courts may favor the biological mother and grant her parental rights. Due to the risks associated with pursuing this path, it is discouraged and most all attorneys will not complete a traditional surrogacy.
Is Compensated Surrogacy Legal in Illinois?
Yes. Compensated surrogacy is legal in Illinois under the Illinois Gestational Surrogacy Act which confirms a surrogate’s right to receive compensation and the legal enforceability of these surrogacy contracts. This is something that is established when the surrogacy contract between surrogates and intended parents is drafted.
When compensation is part of the agreement, the funds must be placed in an independent escrow before the surrogate begins medical procedures other than the evaluations required to determine eligibility. The escrow agent cannot be affiliated with either party’s attorney.
In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
- Creating an Illinois Surrogacy Contract
These attorneys will negotiate a contract that addresses at least the following:
- Compensation and reimbursement for the surrogate
- Responsibilities of each party to the other
- Insurance and escrow arrangements
- Communication and expectations throughout the journey
- Contact between the parties after birth
- Each party’s rights to terminate the agreement before embryo transfer
- The surrogate’s right to make her own healthcare and pregnancy-related decisions
The agreement must satisfy Illinois execution requirements, including being witnessed by two competent adults or notarized in accordance with Illinois law.
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Illinois
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Illinois
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Illinois?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Illinois
Determining Legal Parentage in Illinois
Illinois allows qualifying intended parents to establish legal parentage without a traditional pre-birth court order. When the statutory requirements and pre-birth certifications are completed, the intended parent or parents can become the child’s legal parents by operation of law at birth.
A genetic connection between the intended parents and child is no longer required under the updated law. This means the Illinois framework may also apply when donor eggs, donor sperm, both donor egg and donor sperm, or a donated embryo are used.
The Equality for Every Family Act also provides a clearer court process when a surrogacy agreement substantially complies with Illinois law but the administrative parentage route cannot be completed. A parentage judgment may be requested before, at, or after birth.
Most Common FAQ about surrogacy in Illinois
Below is a list of some of the most frequently asked questions about surrogacy in Illinois.
Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Illinois?
Yes. The Illinois Gestational Surrogacy Act confirms that surrogacy contracts are enforceable. In the rare situation where the contract doesn’t comply with the Gestational Surrogacy Act, it can still be enforceable if it is otherwise a valid contract.
Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Illinois?
Illinois law does not require an intended parent to be an Illinois resident or U.S. citizen. However, the journey must have a legally sufficient connection to Illinois for the state’s parentage procedures to apply. This may involve the assisted reproduction, medical care, birth, mental-health consultation, or another qualifying part of the journey occurring in Illinois.
International intended parents should work with Illinois reproductive-law counsel as well as appropriate immigration or nationality counsel for their specific circumstances.
Do Intended Parents Need a Genetic Connection to Establish Parentage in Illinois?
No. Illinois no longer requires at least one intended parent to provide the egg or sperm used to create the embryo. When the requirements of the Gestational Surrogacy Act are met, intended parents may establish legal parentage even when donor eggs, donor sperm, both donor egg and donor sperm, or a donated embryo are used.
Whether an adoption or another legal procedure is advisable in a specific case should be discussed with an Illinois reproductive-law attorney.
Does Illinois Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
Yes. However, the provisions of the Gestational Surrogacy Act make second-parent adoptions unnecessary in most cases. An exception would be if the intended parent is in a relationship but unmarried and one of the partners is not genetically related to the child, the partner with no genetic connection would need to complete a second-parent adoption.
In cases where neither intended parent is genetically related to the child and/or if they can’t obtain a parentage order, they would need to complete a stepparent adoption.
What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
Illinois now permits intended parents to qualify under its gestational surrogacy framework without either intended parent having a genetic connection to the child.
This means a journey may involve a donor egg, donor sperm, both donor egg and donor sperm, or a donated embryo without automatically requiring post-birth adoption solely because of the lack of a genetic connection. The intended parents must still satisfy the other statutory requirements for the Illinois parentage process.
Same Sex surrogacy in Illinois
Q: Is Same-Sex Surrogacy Legal in Illinois?
A: Yes. Illinois’ updated parentage law expressly provides equal parentage protections regardless of a parent’s gender, gender identity, or sexual orientation.
The law also allows single intended parents, does not require intended parents to be married, and no longer requires an intended parent to contribute an egg or sperm used to create the embryo.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Illinois?
A: No. There are no additional laws impacting same-sex parents in this state.
Surrogacy Agencies & Legal Professionals in Illinois
Looking for a Surrogacy Agency in Illinois?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Illinois as your surrogacy agency.
Find out more about how SurrogateFirst can support in Illinois here:
Looking for a surrogacy attorney in Illinois, Chicago and Northbrook?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Illinois, provided for informational purposes.
Ryan Ferrante
Chicago, IL
ryan@ryanferrantelaw.com
Visit Ryan Ferrante Law for more details
(773) 251-2287
Ross E. Heather
Northbrook, IL
hross@rossandzuckerman.com
(847) 412-0572
Karen Spence
Chicago, IL
kspence@ivflaw.com
Visit IVF Law for more details
(847) 955-0350
Need some help with Legal Aspects of surrogacy in Illinois?
What is the Surrogacy Process in Illinois?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
