Illinois has expanded and clarified its legal protections for families through assisted reproduction and gestational surrogacy.
The Equality for Every Family Act updates on Illinois law regarding legal parentage, surrogacy agreements, confirmatory adoption and assisted reproduction.
What is the Equality for Every Family Act about?
The Equality for Every Family Act, enacted as HB 2568 / Public Act 104-0448, which stated policy enforces that children should receive the same parentage rights and protections regardless of:
- their parents’ marital status
- their parents’ age
- their parents’ gender
- their parents’ gender identity or sexual orientation
- whether they were born through assisted reproduction or surrogacy.
The law brings Illinois closer to the 2017 Uniform Parentage Act, a model state law developed by the Uniform Law Commission.
The Uniform Law Commission: Parentage Act (UPA) is not a federal law and does not automatically apply nationwide. It provides a legal framework that individual states may adopt or adapt when writing their own parentage laws.
What Are The Main Practical Changes for Surrogacy?
The Equality for Every Family Act:
- removes the previous requirement that at least one intended parent provide an egg or sperm used to create the embryo;
- replaces the previous “medical need” requirement with eligibility based on Illinois’ statutory definition of infertility;
- strengthens and clarifies the required contents of surrogacy agreements;
- expressly protects the surrogate’s control over her medical and pregnancy-related decisions;
- creates clear rules allowing any party to end the agreement before an embryo transfer;
- confirms that certain later changes in marital status do not automatically invalidate the agreement;
- preserves Illinois’ non-court parentage process while adding a clearer court route for agreements that substantially comply with the law.
These changes are designed to broaden access to the Illinois surrogacy framework, while making each party’s rights and responsibilities clearer.
The law also provides a path to secure legal parentage when an agreement has a correct legal foundation but does not meet every technical requirement perfectly.
Considering a journey outside of Illinois?
How Does Illinois' Administrative Parentage work?
Illinois already allowed many intended parents to establish legal parentage without obtaining a traditional pre-birth court order.
The Equality for Every Family Act updates and broadens that administrative process; it does not create it from scratch.
Under the updated process:
- The intended parent or parents certify that they satisfy the statutory eligibility requirements.
- The surrogate certifies that she meets the eligibility requirements, did not provide the egg used to create the embryo, and is carrying the child for the intended parent or parents.
- The physician certifies that the transferred embryo was not created with the surrogate’s egg.
- The attorneys certify that the parties substantially satisfied the statutory requirements for the surrogacy agreement.
The certifications must be completed before birth and provided to:
- the hospital where delivery is expected; and
- the Illinois Department of Public Health.
When the legal requirements are met, parentage is established automatically by operation of law when the child is born. The intended parent or parents become the legal parents, and the surrogate and her spouse, if any, are not the child’s legal parents. The resulting parentage has the same legal force as a court judgment.
Official text: Sections 35 and 709
When Is a Court Still Used?
The Act creates a more clearly defined court route for a surrogacy agreement that substantially complies with the law.
Either the intended parent or the surrogate may ask an Illinois circuit court for a parentage judgment before, at or after birth.
The petition must include:
- the gestational agreement
- the required physician certifications
- the required attorney certifications
When the required documents establish substantial compliance:
- the court must generally issue the judgment within 30 days;
- a hearing is not required unless the court needs additional information;
- the judgment confirms the intended parents as the legal parents;
- it confirms that the surrogate and her spouse or former spouse are not the parents;
- it can direct the hospital and Department of Public Health regarding the birth record.
This court process is an additional safeguard. It does not mean every Illinois surrogacy journey now requires a court case.
Official text: Section 36
When an agreement does not substantially comply with the law, the court must instead determine the parties’ rights and responsibilities based on their intentions when they signed the agreement, while also considering the child’s best interests.
What Does the New Law Mean for Intended Parents?
Intended Parents Using Donated Eggs, Donated Sperm or Donor Embryos
Under the previous eligibility provision, at least one intended parent had to contribute an egg or a sperm used to create the embryo.
HB 2568 removes that requirement.
The updated definition of gestational surrogacy requires only that the surrogate did not provide the egg used to create the embryo. It no longer requires that the embryo must be created with an egg or sperm from an intended parent.
In practical terms, the Illinois framework can now accommodate:
- an intended mother using both donor egg and donor sperm;
- an intended father using both donor egg and donor sperm;
- a couple using both donor egg and donor sperm;
- intended parents using a donated embryo.
The intended parent or parents may still be recognized as the legal parents even though neither has a genetic connection to the child.
Single intended parents
The Act permits an “intended parent” to be a single person. Its definition refers to a “person” who enters the arrangement with the intention of becoming the legal parent, and the eligibility section repeatedly refers to an intended “parent or parents.”
There is no requirement that an intended parent be married or part of a couple.
The law also replaces the former medical-need test with Illinois’ statutory definition of infertility. That definition includes a person’s inability to reproduce as a single individual or with a partner without medical intervention.
Official Illinois definition of infertility: 215 ILCS 5/356m(c)
This means a person does not have to demonstrate infertility through a traditional heterosexual couple’s unsuccessful attempts to conceive in order to fit the statutory definition.
LGBTQ+ Intended Parents
The practical changes are broader than simply replacing gendered language.
The Act:
- defines an intended parent as a person, rather than assuming the intended parents are a husband and wife;
- allows one intended parent or multiple intended parents;
- makes eligibility independent of sexual orientation;
- uses an infertility definition that includes people who cannot reproduce as a single individual or with their partner without medical intervention;
- removes the requirement that an intended parent contribute an egg or sperm;
- states expressly that children have equal parentage protections regardless of their parents’ gender, gender identity or sexual orientation.
Examples include:
- two intended fathers using an egg donor and a gestational surrogate;
- two intended mothers where neither intended parent contributes the egg used for the pregnancy;
- a single gay man using an egg donor and surrogate;
- a single lesbian woman using a donated embryo and surrogate;
- a nonbinary intended parent pursuing parenthood individually or with a partner.
Their eligibility still depends on satisfying the same age, evaluation, legal-representation and agreement requirements that apply to other intended parents.
Married and unmarried intended parents
Marriage is not required to qualify as an intended parent.
Where an intended parent is married, however, the Act treats both spouses as intended parents for purposes of the law, and both must generally sign the surrogacy agreement. An unmarried person can enter the arrangement individually, while unmarried intended parents can be addressed as separate parties to the agreement.
Intended parents living outside Illinois
The Act does not state that an intended parent must reside in Illinois or be a US citizen.
However, whether an Illinois court has jurisdiction—and whether the Illinois administrative process is appropriate—depends on the journey’s connection to Illinois. The Act lists possible connections such as:
- assisted reproduction occurring in Illinois;
a related medical procedure occurring in Illinois; - the child being born or expected to be born in Illinois;
- a required mental-health consultation occurring in Illinois;
- another legally sufficient basis for Illinois jurisdiction.
Therefore, nonresident and international intended parents are not excluded by the law, but their attorney must confirm that the facts of their journey allow the Illinois process to be used.
Changes in marital status
Unless the agreement says otherwise:
- an intended parent marrying after the agreement is signed does not invalidate it;
- the new spouse does not automatically become a parent under the agreement;
- an intended parent’s divorce, annulment or legal separation after signing does not invalidate the agreement;
- the original intended parent generally remains a parent of the child.
This reduces uncertainty when a family’s marital status changes after contracts have been completed.
What Does The New Law Mean for Surrogates?
The basic role of the surrogate does not change
The law continues to define gestational surrogacy as an arrangement in which the surrogate carries a child created through IVF and does not contribute the egg.
When the legal requirements are met:
- the intended parent or parents become the child’s legal parents at birth;
- the surrogate is not the legal parent;
- the surrogate’s spouse, if any, is not the legal parent.
The new law mainly strengthens the rules surrounding the agreement, the surrogate’s representation, her medical autonomy and the process for establishing parentage.
Independent, Ongoing Legal Representation
The surrogate must:
- have her own independent attorney;
- choose that attorney herself;
- use an attorney licensed in Illinois;
- have ongoing legal representation throughout the surrogacy arrangement.
The intended parent or parents must pay for the surrogate’s independent legal representation. This does not mean the intended parents’ attorney represents the surrogate; each side must have separate counsel.
Control Over Healthcare and Pregnancy Decisions
The agreement must recognize the surrogate’s right to make all health and welfare decisions concerning herself and the pregnancy.
A contract cannot validly waive or restrict those rights. The law also states that it does not expand or reduce the surrogate’s existing right to terminate a pregnancy.
The law further provides that a court cannot force a surrogate to:
- become pregnant;
- terminate a pregnancy; or
- undergo medical procedures.
These provisions make the distinction clear between contractual expectations and decisions that legally remain with the surrogate.
Choice of Physician
Compensation and Escrow
Illinois continues to permit compensated gestational surrogacy.
When compensation is included:
- the compensation must be placed in escrow before the surrogate begins medical procedures other than the evaluations used to determine eligibility;
- the escrow agent must be independent;
- the escrow agent cannot be affiliated with either party’s attorney.
The agreement must disclose the intended parents’ financial obligations, including compensation and expenses.
Right to End the Agreement Before Transfer
Any party may terminate the surrogacy agreement before an embryo transfer by giving written notice to the other parties.
If a transfer does not result in pregnancy, any party may terminate before a later transfer.
Unless the agreement provides otherwise:
- the parties are then released from the agreement;
- the intended parents remain responsible for covered expenses already incurred by the surrogate;
- no contractual penalty or liquidated damages may be imposed for termination, unless fraud occurred.
The agreement must include information about each party’s termination rights.
Changes in the Surrogate’s Marital Status
Unless the agreement provides otherwise:
- if the surrogate marries after everyone has signed, the agreement remains valid;
- the new spouse does not need to consent;
- the new spouse does not become a presumed parent under the agreement;
- a later divorce, annulment or legal separation does not invalidate the agreement.
This prevents a later change in marital status from automatically disrupting an existing journey.
What Should Intended Parents Do Next?
What the New Law Makes Easier
Depending on the circumstances of the journey, intended parents may now be able to:
- proceed without either intended parent providing an egg or sperm;
- use a donated embryo or both donor egg and donor sperm;
- qualify as a single intended parent;
- qualify without being married;
- establish parentage administratively without a court order;
- obtain a streamlined court judgment when the agreement substantially complies but the
- administrative route cannot be completed;
- avoid having a later marriage, divorce or separation automatically invalidate the agreement.
What Intended Parents Still Need to Do
For a new Illinois journey, intended parents should ensure that:
- each intended parent is at least 21;
the statutory infertility requirement is satisfied; - the required mental-health evaluation is completed;
- they have independent, ongoing representation from Illinois-licensed counsel;
- the surrogate has separate Illinois-licensed counsel of her choosing;
- the agreement is signed before surrogacy-related medical procedures begin, other than the eligibility evaluations;
- an independent escrow is funded before medical procedures begin when compensation is included;
- the pre-birth certifications are completed and sent to the hospital and Department of Public Health.
When those steps are completed, the normal goal remains parentage by operation of law at birth—without a traditional court proceeding.
Intended parents do not need to interpret these statutory requirements themselves. Their Illinois surrogacy attorney should build them into the agreement, certification process and pre-birth legal work.
What Should Surrogates Do Next?
What The New Law Gives Surrogates
The updated Act expressly supports:
- a lawyer of the surrogate’s own choosing;
ongoing legal representation throughout the arrangement; - payment of that legal representation by the intended parents;
- control over personal healthcare and pregnancy decisions;
- the right to choose a pregnancy-care physician after consultation with the intended parents;
- disclosure of all compensation and expenses;
- an independent escrow for compensation;
- the right to end the agreement before transfer without a contractual penalty, except in cases of fraud;
- protection against a later marriage or divorce automatically invalidating the agreement.
What Surrogates Still Need to Do
A surrogate must still:
- be at least 21;
- have previously given birth;
- complete the required medical and mental-health evaluations;
- maintain the required health-insurance coverage;
- obtain independent, ongoing advice from an Illinois-licensed attorney;
- sign the agreement before beginning transfer-related medical procedures;
- complete the required pre-birth certifications.
For most surrogates, the overall journey remains familiar. The principal difference is that the law now states several protections and procedures more explicitly and provides a clearer backup parentage route when technical compliance issues arise.
What is its Scope and Effective Date
The Equality for Every Family Act became law on December 12, 2025. Most provisions took effect immediately. Changes to the Voluntary Acknowledgment of Parentage process took effect on January 1, 2026.
The revised Gestational Surrogacy Act applies to surrogacy agreements entered into after the Act’s effective date. Proceedings already commenced before the effective date remain governed by the law in effect when they began.
Official text: Public Act 104-0448
Illinois Equality for Every Family Act FAQs
What does “Child-First” mean in surrogacy?
“Child-First” is not a defined legal term in the Equality for Every Family Act. In plain English, it describes an approach that puts the child’s legal security, care and family relationships at the center of the surrogacy process.
That principle is reflected in the Act’s stated policy that every child should receive the same parentage rights and protections regardless of their parents’ marital status, age, gender, gender identity or sexual orientation, or whether the child was born through assisted reproduction or surrogacy.
In practical terms, a Child-First approach means making sure that:
- the child’s legal parents are clearly identified;
- parental rights and responsibilities take effect at birth;
- the intended parents are responsible for the child’s care and support;
- the surrogate and her spouse are not incorrectly treated as the legal parents;
- technical problems with an agreement do not automatically leave the child’s parentage uncertain; and
- courts consider the child’s best interests when an agreement does not substantially comply with the law.
How are intended parents legally recognized in Illinois under the Equality for Every Family Act?
In a qualifying Illinois gestational-surrogacy journey, intended parents can be recognized as the child’s legal parents by operation of law when the child is born, without first obtaining a traditional court order.
Before birth, the intended parents, surrogate, physician and attorneys complete certifications confirming that the eligibility, medical and agreement requirements have been substantially satisfied. Those documents are provided to the hospital and the Illinois Department of Public Health.
When the requirements are met:
- the intended parent or parents become the child’s legal parents immediately at birth;
- parental rights and responsibilities vest in them at birth;
- they assume responsibility for the child’s care and support;
- the surrogate and her spouse, if any, are not the child’s legal parents; and
- the legal recognition has the same force as a court judgment.
The Act also provides a streamlined court route when the agreement substantially complies with Illinois law but the administrative certification route cannot be completed. Either the intended parent or surrogate may petition the court, and a complete petition can generally be decided without a hearing and within 30 days.
The Act does not require intended parents to be married, and it permits a single person to be an intended parent. It also removes the former requirement that at least one intended parent provide the egg or sperm used to create the embryo.
How are surrogates legally recognized in Illinois under the Equality for Every Family Act?
Under the Equality for Every Family Act, a gestational surrogate is recognized as the person carrying the pregnancy, but not as the child’s legal parent when the statutory requirements are met.
The law defines gestational surrogacy as an arrangement in which the surrogate carries a child created through IVF and does not provide the egg used to create the embryo.
At birth:
- the intended parent or parents are recognized as the child’s legal parents;
- the surrogate is not recognized as the child’s legal parent; and
- the surrogate’s spouse, if any, is also not recognized as a parent.
The surrogate nevertheless retains important legal rights throughout the journey. She must have her own independent Illinois-licensed attorney, chosen by her and paid for by the intended parents. She also retains control over her healthcare and pregnancy-related decisions, including the right to choose her treating physician after consultation with the intended parents.
The Act also allows the surrogate, like any other party, to terminate the agreement before an embryo transfer. A later marriage, divorce or separation generally does not invalidate an agreement that has already been signed.
