Illinois has long had one of the more established legal frameworks for gestational surrogacy in the United States. The Illinois Gestational Surrogacy Act sets requirements for surrogacy agreements, legal representation, screening, compensation, and the establishment of parentage.
The state recently strengthened that framework through the Equality for Every Family Act, enacted as HB 2568 / Public Act 104-0448. Rather than replacing the Illinois Gestational Surrogacy Act, the new law updates several of its provisions and expands protections under Illinois parentage law.
For intended parents and gestational surrogates, many of the fundamentals of an Illinois surrogacy journey remain the same. However, there are several important changes worth understanding, particularly when it comes to genetic relationships, legal representation, contracts, and parentage.
What changed under the Equality for Every Family Act?
One of the biggest changes is the removal of the previous requirement that at least one intended parent have a genetic connection to the child.
Under the updated Illinois Gestational Surrogacy Act, intended parents may enter into a qualifying gestational surrogacy arrangement even when neither intended parent contributed the egg or sperm used to create the embryo. This change better reflects how assisted reproduction works today and provides a clearer path for intended parents who may need both an egg donor and sperm donor.
The gestational surrogate still cannot have a genetic relationship to the child. In other words, Illinois law continues to distinguish gestational surrogacy from traditional surrogacy. The embryo transferred to the surrogate must be created without using her egg.
This change can be especially meaningful for LGBTQ+ intended parents, single intended parents, and people who cannot use their own eggs or sperm. Legal parentage under the statute is no longer dependent on having a genetic connection to the baby.
Stronger legal and contract protections
Illinois has always placed significant importance on independent legal representation, and the Equality for Every Family Act strengthens those protections.
The gestational surrogate and intended parents must have separate Illinois-licensed attorneys representing their individual interests throughout the surrogacy arrangement. The intended parents are responsible for the cost of the surrogate’s independent legal representation.
That separation matters because a gestational surrogacy agreement covers much more than compensation. It addresses legal parentage, medical expectations, expenses, insurance, communication, responsibilities during pregnancy, and what happens if circumstances change.
The updated law also provides additional guidance for compensation and escrow. When a surrogate is receiving compensation, those funds must be held by an independent escrow agent rather than an entity affiliated with either party’s attorney. This creates a more neutral system for managing payments and approved expenses throughout the journey.
The law also reinforces that a gestational surrogate retains authority over decisions involving her own health, medical care, and pregnancy. Surrogacy contracts can establish expectations and document conversations about medical care, but they do not take away the surrogate’s right to make decisions about her own body.
Contract termination before embryo transfer
The updated law also clarifies what happens if someone decides not to move forward before an embryo transfer occurs.
Generally, a party may terminate the gestational surrogacy agreement before transfer by providing written notice to the other parties. This gives both intended parents and the surrogate an opportunity to reconsider the arrangement before a pregnancy begins.
This is one reason the early stages of a surrogacy journey matter so much. Thorough screening, thoughtful matching, independent legal review, and clear communication help make sure everyone understands the arrangement before reaching the medical phase.
Establishing parentage in an Illinois surrogacy journey
Illinois’ approach to parentage remains one of the reasons the state is considered favorable for gestational surrogacy.
When the requirements of the Gestational Surrogacy Act are met, the intended parents’ legal parentage can be established by operation of law when the child is born. Required certifications are completed before delivery and provided to the appropriate parties, including the hospital and the Illinois Department of Public Health.
The Equality for Every Family Act also adds protection for situations in which an agreement substantially complies with the statute but contains a technical problem. Depending on the circumstances, an Illinois court may still be able to issue a parentage judgment before or after birth.
This helps reduce the risk that a minor procedural issue could create unnecessary uncertainty about legal parentage.
What does this mean for Intended Parents and Surrogates?
For most people pursuing surrogacy in Illinois, the new law does not completely change the process. Instead, it modernizes an already established system and makes it work for a broader range of intended parents.
The changes are especially important for intended parents using donor eggs and donor sperm, since a genetic connection to an intended parent is no longer required under the Gestational Surrogacy Act. The law also strengthens requirements surrounding independent attorneys, escrow arrangements, medical decision-making, and parentage.
For gestational surrogates, the updated law continues to emphasize independent representation and personal medical autonomy. For intended parents, it provides greater clarity about who can qualify under the statute and how parentage can be established.
Illinois continues to provide a strong legal framework for surrogacy
The Equality for Every Family Act does not replace the Illinois Gestational Surrogacy Act. Instead, the two now work together as part of Illinois’ broader legal framework for assisted reproduction and parentage.
For intended parents and gestational surrogates, that means Illinois continues to offer a structured legal process with defined requirements before pregnancy, protections throughout the journey, and a clear path toward establishing parentage.
Surrogacy laws are detailed, and individual circumstances can affect how they apply. Intended parents and gestational surrogates should always work with experienced Illinois reproductive law attorneys before entering into a surrogacy agreement.
At Shining Light Baby, we help coordinate the different professionals and steps involved in an Illinois surrogacy journey. From screening and matching through legal coordination, pregnancy, delivery, and postpartum support, our team helps intended parents and gestational surrogates understand what comes next. application today!