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1 | AN ACT concerning surrogacy.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||||
5 | Gestational Surrogacy Act. | |||||||||||||||||||||||
6 | Section 5. Purpose. The purpose of this Act is to establish | |||||||||||||||||||||||
7 | consistent standards and procedural safeguards for the | |||||||||||||||||||||||
8 | protection of all parties involved in a gestational surrogacy | |||||||||||||||||||||||
9 | contract in this State and to confirm the legal status of | |||||||||||||||||||||||
10 | children born as a result of these contracts. These standards | |||||||||||||||||||||||
11 | and safeguards are meant to facilitate the use of this type of | |||||||||||||||||||||||
12 | reproductive contract in accord with the public policy of this | |||||||||||||||||||||||
13 | State. | |||||||||||||||||||||||
14 | Section 10. Definitions. As used in this Act: | |||||||||||||||||||||||
15 | "Compensation" means payment of any valuable consideration | |||||||||||||||||||||||
16 | for services in excess of reasonable medical and ancillary | |||||||||||||||||||||||
17 | costs. | |||||||||||||||||||||||
18 | "Donor" means an individual who contributes a gamete or | |||||||||||||||||||||||
19 | gametes for the purpose of in vitro fertilization or | |||||||||||||||||||||||
20 | implantation in another. | |||||||||||||||||||||||
21 | "Gamete" means either a sperm or an egg. | |||||||||||||||||||||||
22 | "Gestational surrogacy" means the process by which a woman | |||||||||||||||||||||||
23 | attempts to carry and give birth to a child created through in | |||||||||||||||||||||||
24 | vitro fertilization using the gamete or gametes of at least one | |||||||||||||||||||||||
25 | of the intended parents and to which the gestational surrogate | |||||||||||||||||||||||
26 | has made no genetic contribution. | |||||||||||||||||||||||
27 | "Gestational surrogate" means a woman who agrees to engage | |||||||||||||||||||||||
28 | in a gestational surrogacy. | |||||||||||||||||||||||
29 | "Gestational surrogacy contract" means a written agreement | |||||||||||||||||||||||
30 | regarding gestational surrogacy. | |||||||||||||||||||||||
31 | "Health care provider" means a person who is duly licensed |
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1 | to provide health care, including all medical, psychological, | ||||||
2 | or counseling professionals. | ||||||
3 | "Informed consent" means a voluntary decision to | ||||||
4 | participate in the medical procedures and contractual | ||||||
5 | obligations involved in the surrogacy contract after being | ||||||
6 | fully informed of the medical and psychological risks involved | ||||||
7 | and the legal, financial, and contractual rights, | ||||||
8 | expectations, penalties, and obligations. | ||||||
9 | "Intended parent" means a person or persons who enters into | ||||||
10 | a gestational surrogacy contract with a gestational surrogate | ||||||
11 | pursuant to which he or she will be the legal parent of the | ||||||
12 | resulting child. In the case of a married couple, any reference | ||||||
13 | to an intended parent shall include both husband and wife for | ||||||
14 | all purposes of this Act. This term shall include the intended | ||||||
15 | mother, intended father, or both.
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16 | "In vitro fertilization" means all medical and laboratory | ||||||
17 | procedures that are necessary to effectuate the extracorporeal | ||||||
18 | fertilization of egg and sperm. | ||||||
19 | "Medical evaluation" means an evaluation and consultation | ||||||
20 | of a physician meeting the requirements of Section 60. | ||||||
21 | "Mental health evaluation" means an evaluation and | ||||||
22 | consultation of a mental health professional meeting the | ||||||
23 | requirements of Section 60. | ||||||
24 | "Pre-embryo" means a fertilized egg prior to 14 days of | ||||||
25 | development. | ||||||
26 | "Pre-embryo transfer" means all medical and laboratory | ||||||
27 | procedures that are necessary to effectuate the transfer of a | ||||||
28 | pre-embryo into the uterine cavity. | ||||||
29 | Section 15. Rights of Parentage. | ||||||
30 | (a) Except as provided in this Act, the woman who gives | ||||||
31 | birth to a child is presumed to be the mother of that child for | ||||||
32 | purposes of State law. | ||||||
33 | (b) In the case of a gestational surrogacy satisfying the | ||||||
34 | requirements set forth in subsection (d) of this Section: | ||||||
35 | (1) the intended mother shall be the mother of the |
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1 | child for purposes of State law immediately upon the birth | ||||||
2 | of the child; | ||||||
3 | (2) the intended father shall be the father of the | ||||||
4 | child for purposes of State law immediately upon the birth | ||||||
5 | of the child; | ||||||
6 | (3) the child shall be considered the legitimate child | ||||||
7 | of the intended parent or parents for purposes of State law | ||||||
8 | immediately upon the birth of the child; | ||||||
9 | (4) parental rights shall vest in the intended parent | ||||||
10 | or parents immediately upon the birth of the child; | ||||||
11 | (5) sole custody of the child shall rest with the | ||||||
12 | intended parent or parents immediately upon the birth of | ||||||
13 | the child; and | ||||||
14 | (6) neither the gestational surrogate nor her husband, | ||||||
15 | if any, shall be the parents of the child for purposes of | ||||||
16 | State law immediately upon the birth of the child. | ||||||
17 | (c) In the case of a gestational surrogacy meeting the | ||||||
18 | requirements set forth in subsection (d) of this Section, in | ||||||
19 | the event of a laboratory error in which the resulting child is | ||||||
20 | not genetically related to either of the intended parents, the | ||||||
21 | intended parents will be the parents of the child for purposes | ||||||
22 | of State law unless otherwise determined by a court of | ||||||
23 | competent jurisdiction. | ||||||
24 | (d) The parties to a gestational surrogacy shall assume the | ||||||
25 | rights and obligations of subsections (b) and (c) of this | ||||||
26 | Section if: | ||||||
27 | (1) the gestational surrogate satisfies the | ||||||
28 | eligibility requirements set forth in subsection (a) of | ||||||
29 | Section 20; | ||||||
30 | (2) the intended parent or parents satisfy the | ||||||
31 | eligibility requirements set forth in subsection (b) of | ||||||
32 | Section 20; and | ||||||
33 | (3) the gestational surrogacy occurs pursuant to a | ||||||
34 | gestational surrogacy contract meeting the requirements | ||||||
35 | set forth in Section 25. |
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1 | Section 20. Eligibility. | ||||||
2 | (a) A gestational surrogate shall be deemed to have
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3 | satisfied the requirements of this Act if she has met the
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4 | following requirements at the time the gestational
surrogacy | ||||||
5 | contract is executed: | ||||||
6 | (1) she is at least 21 years of age; | ||||||
7 | (2) she has given birth to at least one child; | ||||||
8 | (3) she has completed a medical evaluation; | ||||||
9 | (4) she has completed a mental health evaluation; | ||||||
10 | (5) she has undergone legal consultation with | ||||||
11 | independent legal counsel regarding the terms of the | ||||||
12 | gestational surrogacy contract and the potential legal | ||||||
13 | consequences of the gestational surrogacy; and | ||||||
14 | (6) she has obtained a health insurance policy that | ||||||
15 | covers major medical treatments and hospitalization and | ||||||
16 | the health insurance policy has a term that extends | ||||||
17 | throughout the duration of the expected pregnancy and for 8 | ||||||
18 | weeks after the birth of the child; provided, however, that | ||||||
19 | the policy may be procured by the intended parents on | ||||||
20 | behalf of the gestational surrogate pursuant to the | ||||||
21 | gestational surrogacy contract. | ||||||
22 | (b) The intended parent or parents shall be deemed to have | ||||||
23 | satisfied the requirements of this Act if he, she, or they have | ||||||
24 | met the following requirements at the time the gestational | ||||||
25 | surrogacy contract is executed: | ||||||
26 | (1) he, she, or they contribute at least one of the | ||||||
27 | gametes resulting in a pre-embryo that the gestational | ||||||
28 | surrogate will attempt to carry to term; | ||||||
29 | (2) he, she, or they have a medical need for the | ||||||
30 | gestational surrogacy as evidenced by a qualified | ||||||
31 | physician's affidavit attached to the gestational | ||||||
32 | surrogacy contract and as required by the Illinois | ||||||
33 | Parentage Act of 1984; | ||||||
34 | (3) he, she, or they have completed a mental health | ||||||
35 | evaluation; and | ||||||
36 | (4) he, she, or they have undergone legal consultation |
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1 | with independent legal counsel regarding the terms of the | ||||||
2 | gestational surrogacy contract and the potential legal | ||||||
3 | consequences of the gestational surrogacy. | ||||||
4 | Section 25. Requirements for a gestational surrogacy | ||||||
5 | contract. | ||||||
6 | (a) A gestational surrogacy contract shall be presumed | ||||||
7 | enforceable for purposes of State law only if: | ||||||
8 | (1) it meets the contractual requirements set forth in | ||||||
9 | subsection (b) of this Section; and | ||||||
10 | (2) it contains at a minimum each of the terms set | ||||||
11 | forth in subsection (c) of this Section. | ||||||
12 | (b) A gestational surrogacy contract shall meet the | ||||||
13 | following requirements: | ||||||
14 | (1) it shall be in writing; | ||||||
15 | (2) it shall be executed prior to the commencement of | ||||||
16 | any medical procedures (other than medical or mental health | ||||||
17 | evaluations necessary to determine eligibility of the | ||||||
18 | parties pursuant to Section 20 of this Act) in furtherance | ||||||
19 | of the gestational surrogacy: | ||||||
20 | (i) by a gestational surrogate meeting the | ||||||
21 | eligibility requirements of subsection (a) of Section | ||||||
22 | 20 of this Act and, if married, the gestational | ||||||
23 | surrogate's husband; and | ||||||
24 | (ii) by the intended parent or parents meeting the | ||||||
25 | eligibility requirements of subsection (b) of Section | ||||||
26 | 20 of this Act. In the event an intended parent is | ||||||
27 | married, both husband and wife must execute the | ||||||
28 | gestational surrogacy contract; | ||||||
29 | (3) each of the gestational surrogate and the intended | ||||||
30 | parent or parents shall have been represented by separate | ||||||
31 | counsel in all matters concerning the gestational | ||||||
32 | surrogacy and the gestational surrogacy contract; | ||||||
33 | (4) if the gestational surrogacy contract provides for | ||||||
34 | the payment of compensation to the gestational surrogate, | ||||||
35 | the compensation shall have been placed in escrow with an |
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1 | independent escrow agent prior to the gestational | ||||||
2 | surrogate's commencement of any medical procedure (other | ||||||
3 | than medical or mental health evaluations necessary to | ||||||
4 | determine the gestational surrogate's eligibility pursuant | ||||||
5 | to subsection (a) of Section 20 of this Act); and | ||||||
6 | (5) it shall be witnessed by 2 competent witnesses. | ||||||
7 | (c) A gestational surrogacy contract shall provide for: | ||||||
8 | (1) the express agreement and informed consent of the | ||||||
9 | gestational surrogate to: | ||||||
10 | (i) undergo pre-embryo transfer and attempt to | ||||||
11 | carry and give birth to the child; and | ||||||
12 | (ii) surrender custody of the child to the intended | ||||||
13 | parent or parents immediately upon the birth of the | ||||||
14 | child; | ||||||
15 | (2) if the gestational surrogate is married, the | ||||||
16 | express agreement and informed consent of her husband to: | ||||||
17 | (i) undertake the obligations imposed on the | ||||||
18 | gestational surrogate pursuant to the terms of the | ||||||
19 | gestational surrogacy contract; | ||||||
20 | (ii) surrender custody of the child to the intended | ||||||
21 | parent or parents immediately upon the birth of the | ||||||
22 | child; | ||||||
23 | (3) the right of the gestational surrogate to utilize | ||||||
24 | the services of a physician of her choosing, after | ||||||
25 | consultation with the intended parents, to provide her care | ||||||
26 | during the pregnancy; and | ||||||
27 | (4) the express agreement and informed consent of the | ||||||
28 | intended parent or parents to: | ||||||
29 | (i) accept custody of the child immediately upon | ||||||
30 | his or her birth; and | ||||||
31 | (ii) assume sole responsibility for the support of | ||||||
32 | the child immediately upon his or her birth. | ||||||
33 | (d) A gestational surrogacy contract shall be presumed | ||||||
34 | enforceable for purposes of State law even though it contains | ||||||
35 | one or more of the following provisions: | ||||||
36 | (1) the gestational surrogate's agreement to undergo |
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1 | all medical exams, treatments, and fetal monitoring | ||||||
2 | procedures that the physician deems advisable for the | ||||||
3 | success of the pregnancy; | ||||||
4 | (2) the gestational surrogate's agreement to abstain | ||||||
5 | from any activities that the intended parent or parents or | ||||||
6 | the physician reasonably deems harmful to the pregnancy and | ||||||
7 | future health of the child, including, without limitation, | ||||||
8 | smoking, drinking alcohol, using nonprescribed drugs, | ||||||
9 | using prescription drugs not authorized by a physician | ||||||
10 | aware of the gestational surrogate's pregnancy, exposure | ||||||
11 | to radiation, or any other activities proscribed by a | ||||||
12 | health care provider; | ||||||
13 | (3) the agreement of the intended parent or parents to | ||||||
14 | pay the gestational surrogate reasonable compensation; and | ||||||
15 | (4) the agreement of the intended parent or parents to | ||||||
16 | pay for or reimburse the gestational surrogate for | ||||||
17 | reasonable expenses (including, without limitation,
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18 | medical, legal, or other professional expenses) related to | ||||||
19 | the gestational surrogacy and the gestational surrogacy | ||||||
20 | contract. | ||||||
21 | (e) In the event that any of the requirements of this | ||||||
22 | Section are not met, a court of competent jurisdiction shall | ||||||
23 | determine parentage based on evidence of the parties' intent. | ||||||
24 | Section 30. Duty to support. | ||||||
25 | (a) Any person who is considered to be the parent of a | ||||||
26 | child pursuant to Section 15 of this Act shall be obligated to | ||||||
27 | support the child. | ||||||
28 | (b) The breach of the gestational surrogacy contract by the | ||||||
29 | intended parent or parents shall not relieve such intended | ||||||
30 | parent or parents of the support obligations imposed by this | ||||||
31 | Act. | ||||||
32 | (c) A gamete donor may be liable for child support only if | ||||||
33 | he or she fails to enter into a legal agreement with the | ||||||
34 | intended parent or parents in which the intended parent or | ||||||
35 | parents agree to assume all rights and responsibilities for any |
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1 | resulting child, and the gamete donor relinquishes his or her | ||||||
2 | rights to any gametes, resulting embryos, or children. | ||||||
3 | Section 35. Establishment of the parent-child | ||||||
4 | relationship. | ||||||
5 | (a) For purposes of the Illinois Parentage Act of 1984, a | ||||||
6 | parent-child relationship shall be established prior to the | ||||||
7 | birth of a child born through gestational surrogacy if, in | ||||||
8 | addition to satisfying the requirements of Sections 5 and 6 of | ||||||
9 | the Illinois Parentage Act of 1984, the attorneys representing | ||||||
10 | both the gestational surrogate and the intended parent or | ||||||
11 | parents certify that the parties entered into a gestational | ||||||
12 | surrogacy contract intended to satisfy the requirements of | ||||||
13 | Section 25 of this Act with respect to the child. | ||||||
14 | (b) The attorneys' certifications required by subsection | ||||||
15 | (a) of this Section shall be filed on forms prescribed by the | ||||||
16 | Illinois Department of Public Health and in a manner consistent | ||||||
17 | with the requirement of the Illinois Parentage Act of 1984. | ||||||
18 | Section 40. Immunities. Except as provided in this Act, no | ||||||
19 | person shall be civilly or criminally liable for non-negligent | ||||||
20 | actions taken pursuant to the requirements of this Act. | ||||||
21 | Section 45. Noncompliance. Noncompliance by the | ||||||
22 | gestational surrogate or the intended parent or parents occurs | ||||||
23 | when that party breaches a provision of the gestational | ||||||
24 | surrogacy contract. | ||||||
25 | Section 50. Effect of Noncompliance. | ||||||
26 | (a) Except as otherwise provided in this Act, in the event | ||||||
27 | of noncompliance with the requirements of subsection (d) of | ||||||
28 | Section 15 of this Act, a court of competent jurisdiction shall | ||||||
29 | determine the respective rights and obligations of the parties. | ||||||
30 | (b) There shall be no specific performance remedy available | ||||||
31 | for a breach by the gestational surrogate of a gestational | ||||||
32 | surrogacy contract term that requires her to be impregnated. |
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1 | Section 55. Damages. | ||||||
2 | (a) Except as expressly provided in the gestational | ||||||
3 | surrogacy contract, the intended parent or parents shall be | ||||||
4 | entitled to all remedies available at law or equity. | ||||||
5 | (b) Except as expressly provided in the gestational | ||||||
6 | surrogacy contract, the gestational surrogate shall be | ||||||
7 | entitled to all remedies available at law or equity. | ||||||
8 | Section 60. Rulemaking. The Department of Public Health may | ||||||
9 | adopt rules pertaining to the required medical and mental | ||||||
10 | health evaluations for a gestational surrogacy contract. Until | ||||||
11 | the Department of Public Health adopts such rules, medical and | ||||||
12 | mental health evaluations and procedures shall be conducted in | ||||||
13 | accordance with the recommended guidelines most recently | ||||||
14 | published by the American Society for Reproductive Medicine and | ||||||
15 | the American College of Obstetricians and Gynecologists. | ||||||
16 | Section 65. Severability. If any provision of this Act or | ||||||
17 | its application to any person or circumstance is held invalid, | ||||||
18 | the invalidity of that provision or application does not affect | ||||||
19 | other provisions or applications of this Act that can be given | ||||||
20 | effect without the invalid provision or application. | ||||||
21 | Section 70. Irrevocability. No action to invalidate a | ||||||
22 | gestational surrogacy meeting the requirements of subsection | ||||||
23 | (d) of Section 15 of this Act or to challenge the rights of | ||||||
24 | parentage established pursuant to Section 15 of this Act and | ||||||
25 | the Illinois Parentage Act of 1984 shall be commenced after 12 | ||||||
26 | months from the date of birth of the child. | ||||||
27 | Section 75. Application. The provisions of this Act shall | ||||||
28 | apply only to gestational surrogacy contracts entered into | ||||||
29 | after the effective date of this Act.
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30 | Section 800. The Illinois Parentage Act of 1984 is amended |
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1 | by changing Section 6 and by adding Section 2.5 as follows: | ||||||
2 | (750 ILCS 45/2.5 new)
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3 | Sec. 2.5. Definitions. As used in this Act, the terms | ||||||
4 | "gestational surrogacy", "gestational surrogate", and | ||||||
5 | "intended parent" have the same meanings as the terms are | ||||||
6 | defined in Section 10 of the Gestational Surrogacy Act.
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7 | (750 ILCS 45/6) (from Ch. 40, par. 2506)
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8 | Sec. 6. Establishment of Parent and Child Relationship by | ||||||
9 | Consent of
the Parties.
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10 | (a) A parent and child relationship may be established | ||||||
11 | voluntarily by the
signing and witnessing of a voluntary | ||||||
12 | acknowledgment of parentage in accordance
with Section 12 of | ||||||
13 | the Vital Records Act ,
or Section 10-17.7 of the Illinois
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14 | Public Aid Code , or the provisions of the Gestational Surrogacy | ||||||
15 | Act .
The voluntary acknowledgment of parentage shall contain | ||||||
16 | the social security
numbers of the persons signing the | ||||||
17 | voluntary acknowledgment of parentage;
however,
failure to | ||||||
18 | include the
social security numbers of the persons signing a | ||||||
19 | voluntary acknowledgment of
parentage does not
invalidate the | ||||||
20 | voluntary acknowledgment of parentage.
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21 | (1) A parent-child relationship may be established in | ||||||
22 | the event of
gestational surrogacy if all of the following | ||||||
23 | conditions are met prior to the birth of the
child:
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24 | (A) The gestational surrogate mother certifies | ||||||
25 | that she is not the biological mother
of the child, and | ||||||
26 | that she is carrying the child for
of the intended | ||||||
27 | parents
biological father
(sperm donor) and of the | ||||||
28 | biological mother (egg donor) .
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29 | (B) The husband, if any, of the gestational | ||||||
30 | surrogate mother certifies that he is
not the | ||||||
31 | biological father of the child and that the child is | ||||||
32 | that of the
biological father (sperm donor) and of the | ||||||
33 | biological mother (egg donor) .
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34 | (C) The intended
biological mother certifies that |
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1 | she provided or an egg donor donated the egg from which
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2 | the child being carried by the gestational surrogate | ||||||
3 | mother was conceived.
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4 | (D) The intended
biological father certifies that | ||||||
5 | he provided or a sperm donor donated the sperm from | ||||||
6 | which
the child being carried by the gestational | ||||||
7 | surrogate mother was conceived.
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8 | (E) A physician licensed to practice medicine in | ||||||
9 | all its branches in the
State of Illinois certifies | ||||||
10 | that the child being carried by the gestational | ||||||
11 | surrogate
mother is the biological child of the | ||||||
12 | intended
biological mother (egg donor) and
intended
| ||||||
13 | biological father (sperm donor), and that neither the | ||||||
14 | gestational
surrogate mother nor the
gestational | ||||||
15 | surrogate's
surrogate mother's husband, if any, is a | ||||||
16 | biological parent of the child being
carried by the | ||||||
17 | gestational surrogate mother .
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18 | (E-5) The attorneys for the intended parents and | ||||||
19 | the gestational surrogate each certifies that the | ||||||
20 | parties entered into a gestational surrogacy contract | ||||||
21 | intended to satisfy the requirements of Section 25 of | ||||||
22 | the Gestational Surrogacy Act with respect to the | ||||||
23 | child.
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24 | (F) All certifications shall be in writing and | ||||||
25 | witnessed by 2 competent
adults who are not the | ||||||
26 | gestational surrogate mother , gestational surrogate's
| ||||||
27 | surrogate mother's husband, if any,
intended
| ||||||
28 | biological mother, or intended
biological father. | ||||||
29 | Certifications shall be on forms
prescribed by the | ||||||
30 | Illinois Department of Public Health, shall be | ||||||
31 | executed prior
to the birth of the child, and shall be | ||||||
32 | placed in the medical records of the
gestational | ||||||
33 | surrogate mother prior to the birth of the child. | ||||||
34 | Copies of all
certifications shall be delivered to the | ||||||
35 | Illinois Department of Public Health
prior to the birth | ||||||
36 | of the child.
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1 | (2) Unless otherwise determined by order of the Circuit | ||||||
2 | Court, the child
shall be presumed to be the child of the | ||||||
3 | gestational surrogate mother and of the gestational | ||||||
4 | surrogate's
surrogate
mother's husband, if any, if all | ||||||
5 | requirements of subdivision (a)(1) are not
met
prior to the | ||||||
6 | birth of the child. This presumption may be rebutted by | ||||||
7 | clear and
convincing evidence. The circuit court may order | ||||||
8 | the gestational surrogate mother ,
gestational surrogate's
| ||||||
9 | surrogate mother's husband, intended
biological mother, | ||||||
10 | intended
biological father, and child to
submit to such | ||||||
11 | medical examinations and testing as the court deems
| ||||||
12 | appropriate.
| ||||||
13 | (b) Notwithstanding any other provisions of this Act, | ||||||
14 | paternity established
in accordance with subsection (a) has the | ||||||
15 | full force and effect of a judgment
entered under this Act and | ||||||
16 | serves as a basis for seeking a child support order
without any | ||||||
17 | further proceedings to establish paternity.
| ||||||
18 | (c) A judicial or administrative proceeding to ratify | ||||||
19 | paternity
established
in accordance with subsection (a) is | ||||||
20 | neither required nor permitted.
| ||||||
21 | (d) A signed acknowledgment of paternity entered under this | ||||||
22 | Act may be
challenged in court only on the basis of fraud, | ||||||
23 | duress, or material mistake of
fact, with the burden of proof | ||||||
24 | upon the challenging party. Pending outcome of
the challenge to | ||||||
25 | the acknowledgment of paternity, the legal responsibilities of
| ||||||
26 | the signatories shall remain in full force and effect, except | ||||||
27 | upon order of the
court upon a showing of good cause.
| ||||||
28 | (e) Once a parent and child relationship is established in | ||||||
29 | accordance with
subsection (a), an order for support may be | ||||||
30 | established pursuant to a petition
to establish an order for | ||||||
31 | support by consent filed with the clerk of the
circuit court. A | ||||||
32 | copy of the properly completed acknowledgment of parentage
form | ||||||
33 | shall be attached to the petition. The petition shall ask that | ||||||
34 | the
circuit court enter an order for support. The petition may | ||||||
35 | ask that an order
for visitation, custody, or guardianship be | ||||||
36 | entered. The filing and appearance
fees provided under the |
| |||||||
| |||||||
1 | Clerks of Courts Act shall be waived for all cases in
which an | ||||||
2 | acknowledgment of parentage form has been properly completed by | ||||||
3 | the
parties and in which a petition to establish an order for | ||||||
4 | support by consent
has been filed with the clerk of the circuit | ||||||
5 | court. This subsection shall not
be construed to prohibit | ||||||
6 | filing any petition for child support, visitation, or
custody | ||||||
7 | under this Act, the Illinois Marriage and Dissolution of | ||||||
8 | Marriage Act,
or the Non-Support Punishment Act. This | ||||||
9 | subsection shall also not
be construed to prevent the | ||||||
10 | establishment of
an administrative support order in cases | ||||||
11 | involving persons receiving child
support enforcement services | ||||||
12 | under Article X of the Illinois Public Aid Code.
| ||||||
13 | (Source: P.A. 91-308, eff. 7-29-99; 91-613, eff. 10-1-99; | ||||||
14 | 92-16, eff.
6-28-01)
|