750 ILCS 47

in effect

750 ILCS 47/1

(750 ILCS 47/1) Sec. 1. Short title. This Act may be cited as the Gestational Surrogacy Act. (Source: P.A. 93-921, eff. 1-1-05.)

(750 ILCS 47/5) Sec. 5. Purpose. The purpose of this Act is to establish consistent standards and procedural safeguards for the protection of all parties involved in a gestational surrogacy contract in this State and to confirm the legal status of children born as a result of these contracts. These standards and safeguards are meant to facilitate the use of this type of reproductive contract in accord with the public policy of this State. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/10 Definitions

(750 ILCS 47/10) Sec. 10. Definitions. As used in this Act: "Compensation" means payment of any valuable consideration for services in excess of reasonable medical and ancillary costs. "Donor" means an individual who contributes a gamete or gametes for the purpose of in vitro fertilization or implantation in another. "Gamete" means either a sperm or an egg. "Gestational surrogacy" means the process by which a woman attempts to carry and give birth to a child created through in vitro fertilization using the gamete or gametes of at least one of the intended parents and to which the gestational surrogate has made no genetic contribution. "Gestational surrogate" means a woman who agrees to engage in a gestational surrogacy. "Gestational surrogacy contract" means a written agreement regarding gestational surrogacy. "Health care provider" means a person who is duly licensed to provide health care, including all medical, psychological, or counseling professionals. "Intended parent" means a person or persons who enters into a gestational surrogacy contract with a gestational surrogate pursuant to which he or she will be the legal parent of the resulting child. In the case of a married couple, any reference to an intended parent shall include both husband and wife for all purposes of this Act. This term shall include the intended mother, intended father, or both. "In vitro fertilization" means all medical and laboratory procedures that are necessary to effectuate the extracorporeal fertilization of egg and sperm. "Medical evaluation" means an evaluation and consultation of a physician meeting the requirements of Section 60. "Mental health evaluation" means an evaluation and consultation of a mental health professional meeting the requirements of Section 60. "Physician" means a person licensed to practice medicine in all its branches in Illinois. "Pre-embryo" means a fertilized egg prior to 14 days of development. "Pre-embryo transfer" means all medical and laboratory procedures that are necessary to effectuate the transfer of a pre-embryo into the uterine cavity. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/15 Rights of Parentage

(750 ILCS 47/15) Sec. 15. Rights of Parentage. (a) Except as provided in this Act, the woman or person who gives birth to a child is a parent of that child for purposes of State law. (b) In the case of a gestational surrogacy agreement that substantially complies with the requirements set forth in Sections 20 and 25 of this Act: (1) the intended parent or parents shall be considered the parent or parents of the child for all purposes immediately upon the birth of the child; (2) neither the gestational surrogate nor the surrogate's spouse, if any, shall be considered the parents of the child for purposes of State law immediately upon the birth of the child. (c) In the case of a gestational surrogacy agreement meeting the requirements set forth in subsection (d) of this Section, in the event of a laboratory error in which the resulting child is not genetically related to either of the intended parents or a donor who donated to the intended parent or parents, the intended parents will be the parents of the child for all purposes unless otherwise determined by a court of competent jurisdiction. (d) (Blank). (Source: P.A. 104-448, eff. 12-12-25.)

750 ILCS 47/20 Eligibility

(750 ILCS 47/20) Sec. 20. Eligibility. (a) A gestational surrogate shall be deemed to have satisfied the eligibility requirements of this Act if, at the time the gestational surrogacy agreement is executed, the gestational surrogate: (1) is at least 21 years of age; (2) has given birth to at least one child; (3) has completed a medical evaluation; (4) has completed a mental health evaluation; (5) has had and will have ongoing legal representation by independent counsel, licensed in Illinois and chosen by the surrogate, throughout the course of the gestational surrogacy arrangement regarding the terms of the gestational surrogacy agreement and the potential consequences of the gestational surrogacy; and (6) has obtained a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy may be procured by the intended parents on behalf of the gestational surrogate pursuant to the gestational surrogacy agreement. (b) The intended parent or parents shall be deemed to have satisfied the eligibility requirements of this Act if, at the time the gestational surrogacy agreement is executed, the intended parent or parents: (1) is at least 21 years of age; (2) are experiencing infertility as defined in subsection (c) of Section 356m of the Illinois Insurance Code; (3) have completed a mental health evaluation; and (4) has had and will have ongoing legal representation by independent counsel, licensed in Illinois, throughout the course of the gestational surrogacy arrangement regarding the terms of the gestational surrogacy agreement and the potential legal consequences of the gestational surrogacy. (Source: P.A. 104-448, eff. 12-12-25.)

750 ILCS 47/25

(750 ILCS 47/25) Sec. 25. Requirements for a gestational surrogacy agreement. (a) (Blank). (b) A gestational surrogacy agreement shall meet the following requirements: (1) it shall be in writing; (2) it shall be executed prior to the commencement of any medical procedures (other than medical or mental health evaluations necessary to determine eligibility of the parties pursuant to Section 20 of this Act) in furtherance of the gestational surrogacy: (i) by a gestational surrogate meeting the eligibility requirements of subsection (a) of Section 20 of this Act and, if married, the gestational surrogate's spouse; and (ii) by the intended parent or parents meeting the eligibility requirements of subsection (b) of Section 20 of this Act. In the event an intended parent is married, both the intended parent and spouse must execute the gestational surrogacy agreement; (3) each of the gestational surrogate and the intended parent or parents shall have been represented by independent legal counsel licensed in Illinois regarding the terms of the gestational surrogacy agreement and the potential legal consequences of the gestational surrogacy; (3.5) it shall indicate that each party has received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the surrogacy agreement; (4) it shall require the intended parent or parents to pay for independent legal representation for the surrogate; (5) if the gestational surrogacy agreement provides for the payment of compensation to the gestational surrogate, the compensation shall have been placed in escrow with an escrow agent that is independent of and is not affiliated with either the intended parents' attorney or the gestational surrogate's attorney and that is bonded prior to the gestational surrogate's commencement of any medical procedure (other than medical or mental health evaluations necessary to determine the gestational surrogate's eligibility pursuant to subsection (a) of Section 20 of this Act). The independent escrow agent must hold a minimum bond of no less than $1,000,000; and (6) it shall be witnessed by 2 competent adults or shall be notarized consistent with Illinois law. (b-5) A gestational surrogacy agreement may provide for the payment of compensation and reasonable expenses. (c) A gestational surrogacy agreement shall provide for: (1) the express written agreement of the gestational surrogate to: (i) undergo pre-embryo transfer and attempt to become pregnant and give birth to the child; and (ii) surrender custody of the child to the intended parent or parents immediately upon the birth of the child; (2) if the gestational surrogate is married, the express agreement of the gestational surrogate's spouse to: (i) undertake the obligations imposed on the gestational surrogate pursuant to the terms of the gestational surrogacy agreement; (ii) surrender custody of the child to the intended parent or parents immediately upon the birth of the child; (3) the right of the gestational surrogate to utilize the services of a physician of the gestational surrogate's choosing to provide the gestational surrogate with care during the pregnancy; (4) the express written agreement of the intended parent or parents to: (i) accept custody of the child immediately upon the child's birth; and (ii) assume sole responsibility for the support of the child immediately upon the child's birth; (5) the right of the gestational surrogate to make all health and welfare decisions regarding the surrogate and the pregnancy, except that this Act does not enlarge or diminish the surrogate's right to terminate their pregnancy, and any written or oral agreement purporting to waive or limit these rights shall be void as against public policy; (6) the disclosure of all intended parent's financial obligations with regard to the gestational surrogate, including compensation and expenses; and (7) the inclusion of information about each party's right under this Act to terminate the surrogacy agreement. (d) (Blank). (e) (Blank). (Source: P.A. 104-403, eff. 1-1-26; 104-448, eff. 12-12-25; 104-852, eff. 8-21-26.)

750 ILCS 47/30

(750 ILCS 47/30) Sec. 30. Duty to support. (a) Any person who is considered to be the parent of a child pursuant to Section 15 of this Act shall be obligated to support the child. (b) The breach of the gestational surrogacy contract by the intended parent or parents shall not relieve such intended parent or parents of the support obligations imposed by this Act. (c) A gamete donor may be liable for child support only if he or she fails to enter into a legal agreement with the intended parent or parents in which the intended parent or parents agree to assume all rights and responsibilities for any resulting child, and the gamete donor relinquishes his or her rights to any gametes, resulting embryos, or children. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/35

(750 ILCS 47/35) Sec. 35. Establishment of the parent-child relationship. (a) For purposes of the Illinois Parentage Act of 2015, a parent-child relationship shall be established prior to the birth of a child born through gestational surrogacy if, in addition to satisfying the requirements of Articles 2 and 3 of the Illinois Parentage Act of 2015, the attorneys representing both the gestational surrogate and the intended parent or parents certify that the parties entered into a gestational surrogacy contract intended to satisfy the requirements of Section 25 of this Act with respect to the child. (b) The attorneys' certifications required by subsection (a) of this Section shall be filed on forms prescribed by the Illinois Department of Public Health and in a manner consistent with the requirement of the Illinois Parentage Act of 2015. (Source: P.A. 99-85, eff. 1-1-16.)

750 ILCS 47/40 Immunities

(750 ILCS 47/40) Sec. 40. Immunities. Except as provided in this Act, no person shall be civilly or criminally liable for non-negligent actions taken pursuant to the requirements of this Act. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/45 Noncompliance

(750 ILCS 47/45) Sec. 45. Noncompliance. Noncompliance by the gestational surrogate or the intended parent or parents occurs when that party breaches a provision of the gestational surrogacy contract. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/50 Effect of Noncompliance

(750 ILCS 47/50) Sec. 50. Effect of Noncompliance. (a) Except as otherwise provided in this Act, in the event of noncompliance with the requirements of subsection (d) of Section 15 of this Act, a court of competent jurisdiction shall determine the respective rights and obligations of the parties. (b) There shall be no specific performance remedy available for a breach by the gestational surrogate of a gestational surrogacy contract term that requires her to be impregnated. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/55 Damages

(750 ILCS 47/55) Sec. 55. Damages. (a) Except as expressly provided in the gestational surrogacy contract, the intended parent or parents shall be entitled to all remedies available at law or equity. (b) Except as expressly provided in the gestational surrogacy contract, the gestational surrogate shall be entitled to all remedies available at law or equity. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/60 Rulemaking

(750 ILCS 47/60) Sec. 60. Rulemaking. The Department of Public Health may adopt rules pertaining to the required medical and mental health evaluations for a gestational surrogacy contract. Until the Department of Public Health adopts such rules, medical and mental health evaluations and procedures shall be conducted in accordance with the recommended guidelines published by the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists. The rules may adopt these guidelines or others by reference. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/65 Severability

(750 ILCS 47/65) Sec. 65. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/70 Irrevocability

(750 ILCS 47/70) Sec. 70. Irrevocability. No action to invalidate a gestational surrogacy meeting the requirements of subsection (d) of Section 15 of this Act or to challenge the rights of parentage established pursuant to Section 15 of this Act and the Illinois Parentage Act of 2015 shall be commenced after 12 months from the date of birth of the child. (Source: P.A. 99-763, eff. 1-1-17.)

750 ILCS 47/75 Application

(750 ILCS 47/75) Sec. 75. Application. The provisions of this Act shall apply only to gestational surrogacy contracts entered into after the effective date of this Act. (Source: P.A. 93-921, eff. 1-1-05.)

750 ILCS 47/800

(750 ILCS 47/800) Sec. 800. (Amendatory provisions; text omitted). (Source: P.A. 93-921, eff. 1-1-05; text omitted.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026