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Take ActionIllinois Surrogacy Law
Summary: Illinois law allows gestational surrogacy agreements (where the surrogate mother is not the biological contributor of the egg), but does not address traditional surrogacy agreements (in which the surrogate mother is the biological contributor of the egg). The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Explanation: In 2004, the Illinois legislature passed the Gestational Surrogacy Act. Under the Act, the intended parents in a gestational surrogacy arrangement gain full custody upon the birth of the child. However, the Act also sets strict eligibility guidelines for both the surrogate and the intended parents. The surrogate must: (1) be at least 21 years of age; (2) have given birth to at least one child; (3) have completed a medical evaluation; (4) have completed a mental health evaluation; (5) have consulted with independent legal counsel regarding the terms and legal consequences of the gestational surrogacy; and (6) have a health insurance policy (throughout the pregnancy and for eight weeks after the birth) that covers major medical treatments and hospitalization. The intended parents must: (1) contribute at least one of the gametes (egg or sperm) required to produce the child; (2) have a medical need for the gestational surrogacy; (3) have completed a mental health evaluation; and (4) have consulted with independent legal counsel regarding the terms and legal consequences of the gestational surrogacy. The Act also includes several requirements that the surrogacy contract itself must meet.
The requirements set forth by the Gestational Surrogacy Act are burdensome, but there is no indication that a lesbian, gay, bisexual or transgender (LGBT) couple would be prohibited from qualifying. The fact that an Illinois Appellate Court found it legal for same-sex couples to jointly adopt, as well as for individuals to adopt the children of their same-sex partner, further suggests that Illinois would uphold a surrogacy agreement involving LGBT individuals.
Citations: 750 ILL. COMP. STAT. ANN. 47/1 et seq. (2009);Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995).
Updated: Tue, September 08, 2009 - 11:00:00
