Surrogacy in Illinois

Yes. Illinois permits gestational surrogacy and regulates it by statute. The Act describes who may participate, what the written agreement must contain, what evaluations and legal representation are required, and how the Intended Parents' parentage is documented. Meeting those requirements is what makes the framework work as intended.

Yes. Illinois contemplates that a gestational Surrogate may receive compensation and reimbursement of expenses under a written agreement. Compensation, expense reimbursement, escrow arrangements, and insurance provisions are addressed in the agreement prepared by the independent attorneys rather than negotiated informally.

The Act addresses gestational surrogacy, in which the embryo is created through IVF and the Surrogate does not provide the egg. Traditional surrogacy, in which the woman carrying the pregnancy also provides the egg, is a materially different arrangement and is not covered by the same framework. Golden exclusively coordinates gestational surrogacy journeys and does not coordinate traditional surrogacy arrangements.

Illinois sets minimum eligibility conditions for a gestational Surrogate, which include being at least 21 years of age, having given birth to at least one child, completing a medical evaluation and a mental-health evaluation, being represented by independent legal counsel of her own choosing, and having health insurance that covers major medical treatment and hospitalization, which may be procured by the Intended Parents when necessary. Golden's agency screening criteria are separate and are more selective than the statutory minimums.

Illinois considers an Intended Parent eligible under the Gestational Surrogacy Act when, at the time the agreement is executed, the Intended Parent is at least 21 years old, is experiencing infertility as defined by Illinois law, has completed a mental health evaluation, and has ongoing independent legal representation from an attorney licensed in Illinois.

Illinois defines infertility broadly. It includes an individual's inability to reproduce alone or with a partner without medical intervention, as well as certain physician findings based on medical, sexual, and reproductive history, age, physical findings, or diagnostic testing.

Current Illinois law does not require an Intended Parent to contribute an egg or sperm. Golden's separate program eligibility standards, including its medical-need policy, still apply. Independent counsel confirms whether the statutory requirements are satisfied for each family.

An Illinois gestational Surrogate completes both a medical evaluation and a mental health evaluation. Each Intended Parent completes the mental health evaluation required by the Act. The IVF clinic and Golden's program may require additional screening or documentation beyond the statutory minimums.

Golden coordinates appointments, records collection, and communication among the appropriate professionals. Golden does not perform medical or psychological evaluations, directly review medical records, or issue medical clearance.

The Surrogate and the Intended Parents are each represented by their own independent attorney of their own choosing. Independent representation is part of the Illinois framework, and Golden never arranges one attorney to represent both sides. The current Act requires the Intended Parents to pay for the Surrogate's independent legal representation. Golden coordinates referrals and scheduling and does not provide legal advice.

Illinois eligibility contemplates health insurance covering major medical treatment and hospitalization during the expected pregnancy and for a period after birth, and that policy may be procured by the Intended Parents when necessary. When a Surrogate's existing coverage is not suitable for a surrogacy pregnancy, appropriate maternity coverage is arranged and paid as a journey-related expense. It never reduces her stated compensation. The attorneys confirm what the current statute requires for the specific arrangement.

The gestational surrogacy agreement is in writing and addresses the substance of the arrangement: the parties and any participating spouse, the intent that the Intended Parents are the legal parents, the medical procedures contemplated, compensation and expense reimbursement, escrow or payment mechanics, insurance and medical-cost responsibility, communication and conduct expectations, and what happens in a range of foreseeable circumstances. The attorneys draft it; Golden does not.

The written agreement is executed before any medical procedure in furtherance of the arrangement takes place, which in practice means before the medication protocol and the embryo transfer. The parties, and any spouse required to participate under applicable law, sign it. The attorneys do not sign as parties: they provide independent representation and the certifications required by law. Golden builds the journey schedule around that sequence, and this stage is never rushed.

The agreement sets out compensation, which expenses are reimbursed, how and when payments are released, and how insurance and medical costs are handled. Journey funds and Surrogate compensation are held and disbursed by an independent third-party escrow provider. Golden coordinates required funding milestones and journey communication but does not hold or independently administer escrow funds.

A Surrogate retains autonomy over her own body and her own healthcare decisions, and she has her own attorney to explain what she is agreeing to before she signs. Expectations about medical decision-making, sensitive topics, communication, and support are discussed during matching and written into the agreement rather than assumed. Informed consent is a condition of the arrangement, not a formality.

A party may terminate the gestational surrogacy agreement before an embryo transfer by giving notice to the other parties in the manner required by law and the agreement. If a transfer does not result in pregnancy, a party may terminate before a subsequent embryo transfer.

Unless the agreement states otherwise, the Intended Parents remain responsible for expenses contemplated by the agreement and incurred by the Surrogate through the date of termination. Except in cases of fraud, the statute does not impose a penalty or liquidated damages solely for exercising this termination right. Each party's attorney explains how the agreement applies to the particular circumstances.

A transfer that does not result in a confirmed pregnancy does not automatically end the arrangement. Whether another transfer proceeds depends on the clinic's medical judgment, the Surrogate's informed and continuing consent, the terms of the agreement, and the Intended Parents' decision. Compensation and expense provisions for additional attempts are set out in the agreement in advance. Golden coordinates the schedule and communication; the clinic directs the medical decision.

Illinois is structured so that when the statutory requirements are substantially satisfied, the Intended Parents are the child's legal parents immediately upon birth, without a court order being required to create that status. The parentage flows from the qualifying agreement and the required certifications rather than from litigation. Whether a specific journey substantially satisfies those requirements is an attorney determination.

Illinois uses several written certifications to establish parentage through the statutory process. Each Intended Parent certifies compliance with the Intended Parent eligibility requirements. The Surrogate certifies compliance with the Surrogate eligibility requirements, that she did not provide the egg used to create the embryo, and that she is carrying the child for the Intended Parents.

A physician licensed in the state where the embryo transfer occurred certifies that the embryo was not created using the Surrogate's egg. The attorneys for the Intended Parents and the Surrogate, including the Surrogate's spouse when applicable, certify that the agreement substantially satisfied the statutory agreement requirements.

The attorneys prepare and coordinate these certifications. Golden does not provide legal advice or prepare legal certifications.

The certifications are delivered to the delivery hospital and to the Illinois Department of Public Health before the birth so the birth record can be prepared correctly the first time. Timing matters: the attorneys work to a schedule that puts the documents in place ahead of delivery, and Golden helps coordinate the hospital plan and communication around that schedule.

The administrative pathway, meaning parentage recognized through the certification process rather than through a court judgment, is available when the arrangement substantially complies with the statutory requirements and the certifications are properly completed and delivered on time. It is the usual route in a well-prepared Illinois journey. Your attorney confirms whether it fits your circumstances.

Current Illinois law also permits a party to ask a court to enter a judgment of parentage before birth, on the date of birth, or after birth. Attorneys may recommend a judgment where an out-of-state hospital, an international element, a donor arrangement, a change in circumstances, or a documentation gap makes a court record the more durable option.

For a properly supported petition, a court is not ordinarily expected to require a hearing, and current law contemplates a judgment being entered on the pleadings and supporting certifications. That is a general expectation, not a promise: any court retains discretion, and local practice varies. Your attorney advises what to expect in the relevant county.

No. Illinois does not universally require a pre-birth court order. When the statutory requirements are satisfied, parentage may arise by operation of law upon birth through the required certification process, with no court order needed to establish it. Current law also permits a party to request a court judgment of parentage before, on, or after birth. The independent attorneys determine the appropriate pathway for the specific journey. A pre-birth order is one lawful option among several, not automatically the superior one.

If an agreement does not substantially comply with the statutory requirements, the automatic recognition of parentage on birth may not be available. Current law provides for a court to determine parentage in that situation based on the evidence and the parties' intent, and the attorneys may recommend an additional proceeding. This is precisely why the agreement, the evaluations, the independent counsel, and the certifications are completed properly and in order before treatment begins.

The attorneys prepare what the hospital and the Illinois Department of Public Health need so the birth record reflects the Intended Parents. Corrections after the fact are slower and more difficult than preparation beforehand, which is why the documentation schedule is set well ahead of the due date.

Golden helps coordinate a written hospital plan covering delivery-day access, room arrangements, who is present, contact expectations, newborn care preferences within the hospital's policies, and who communicates with hospital staff. The plan is shared with the hospital in advance so delivery day is not the first time anyone discusses it.

Golden coordinates journeys in surrogacy-supportive jurisdictions where it has experience assisting with successful parentage processes. Depending on the facts and governing law, the attorney-directed process may involve statutory certifications, a pre-birth or post-birth judgment, confirmatory adoption, acknowledgment, or another lawful procedure. Independent attorneys determine and handle the correct pathway. Golden does not promise a particular result and does not present pre-birth orders as universally superior.