Illinois is a surrogacy-friendly state for same-sex couples who want to have a child through surrogacy. The Gestational Surrogacy Act of the Illinois General Assembly governs the legal framework for surrogacy arrangements in the state. This act sets forth specific guidelines and requirements that ensure the rights of all parties involved are protected.
What is Gestational Surrogacy?
Gestational surrogacy is a process in which a surrogate mother is implanted with an embryo created from the eggs and sperm of the intended parents or donors. The surrogate mother carries the pregnancy to term and delivers the child, but the child is genetically unrelated to the surrogate mother.
Requirements for Surrogacy in Illinois
The Gestational Surrogacy Act of the Illinois General Assembly requires that all parties involved in a surrogacy agreement undergo a psychological evaluation before the arrangement begins. The intended parents must also obtain legal representation before entering into a surrogacy agreement, and the surrogate mother must have her legal representation as well. The Act also requires that the surrogacy agreement be in writing and signed by all parties involved, including the surrogate’s spouse, if applicable.
Legal Rights of Surrogate and Intended Parents in Chicago
The Gestational Surrogacy Act also provides for the legal rights of all parties involved in a surrogacy arrangement. The surrogate mother has the right to make decisions about her health and medical treatment during the pregnancy. However, the intended parents have the right to make decisions about the medical treatment of the fetus, such as prenatal testing and medical procedures. The intended parents also have the legal right to be named as the child’s parents on the birth certificate.
What is a Parentage Order?
A parentage order is a legal document that establishes the legal parent-child relationship between the intended parents and the child born through surrogacy. In Illinois, a parentage order can be obtained through the court after the child is born. This order will terminate the parental rights of the surrogate mother and her spouse, if applicable, and establish the intended parents as the child’s legal parents.
Same-sex couples considering surrogacy in Illinois should be aware of the legal requirements and the rights of the surrogate mother and intended parents. By obtaining legal representation and following the guidelines outlined in the Act, same-sex couples can have a successful surrogacy experience in Illinois.
Contact a Chicago Surrogacy Lawyer
If you are considering growing your family via surrogacy, a Cook County family law attorney can help. We can assist you through the process and help you navigate these complex issues. We are aware of the needs of the LGBTQ+ community and are eager to work with you and represent you in court. Call 312-442-2225 for a free, confidential consultation today at NextLevel Law, P.C. by Daniel R. Hernandez, Esq. today.