(750 ILCS 47/15)
Sec. 15. Rights of Parentage. (a) Except as provided in this Act, the woman who gives birth to a child is presumed to be the mother of that child for purposes of State law. (b) In the case of a gestational surrogacy satisfying the requirements set forth in subsection (d) of this Section: (1) the intended mother shall be the mother of the |
| child for purposes of State law immediately upon the birth of the child;
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(2) the intended father shall be the father of the
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| child for purposes of State law immediately upon the birth of the child;
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(3) the child shall be considered the legitimate
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| child of the intended parent or parents for purposes of State law immediately upon the birth of the child;
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(4) parental rights shall vest in the intended parent
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| or parents immediately upon the birth of the child;
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(5) sole custody of the child shall rest with the
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| intended parent or parents immediately upon the birth of the child; and
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(6) neither the gestational surrogate nor her
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| husband, if any, shall be the parents of the child for purposes of State law immediately upon the birth of the child.
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(c) In the case of a gestational surrogacy 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, the intended parents will be the parents of the child for purposes of State law unless otherwise determined by a court of competent jurisdiction.
(d) The parties to a gestational surrogacy shall assume the rights and obligations of subsections (b) and (c) of this Section if:
(1) the gestational surrogate satisfies the
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| eligibility requirements set forth in subsection (a) of Section 20;
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(2) the intended parent or parents satisfy the
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| eligibility requirements set forth in subsection (b) of Section 20; and
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(3) the gestational surrogacy occurs pursuant to a
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| gestational surrogacy contract meeting the requirements set forth in Section 25.
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(Source: P.A. 93-921, eff. 1-1-05.)
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(750 ILCS 47/20) Sec. 20. Eligibility. (a) A gestational surrogate shall be deemed to have
satisfied the requirements of this Act if she has met the
following requirements at the time the gestational
surrogacy contract is executed: (1) she is at least 21 years of age; (2) she has given birth to at least one child; (3) she has completed a medical evaluation; (4) she has completed a mental health evaluation; (5) she has undergone legal consultation with |
| independent legal counsel regarding the terms of the gestational surrogacy contract and the potential legal consequences of the gestational surrogacy; and
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(6) she has obtained a health insurance policy that
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| 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 contract.
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(b) The intended parent or parents shall be deemed to have satisfied the requirements of this Act if he, she, or they have met the following requirements at the time the gestational surrogacy contract is executed:
(1) he, she, or they contribute at least one of the
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| gametes resulting in a pre-embryo that the gestational surrogate will attempt to carry to term;
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(2) he, she, or they have a medical need for the
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| gestational surrogacy as evidenced by a qualified physician's affidavit attached to the gestational surrogacy contract and as required by the Illinois Parentage Act of 2015;
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(3) he, she, or they have completed a mental health
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(4) he, she, or they have undergone legal
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| consultation with independent legal counsel regarding the terms of the gestational surrogacy contract and the potential legal consequences of the gestational surrogacy.
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(Source: P.A. 99-763, eff. 1-1-17 .)
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(750 ILCS 47/25)
Sec. 25. Requirements for a gestational surrogacy contract. (a) A gestational surrogacy contract shall be presumed enforceable for purposes of State law only if: (1) it meets the contractual requirements set forth |
| in subsection (b) of this Section; and
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(2) it contains at a minimum each of the terms set
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| forth in subsection (c) of this Section.
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(b) A gestational surrogacy contract shall meet the following requirements:
(1) it shall be in writing;
(2) it shall be executed prior to the commencement of
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| 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:
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(i) by a gestational surrogate meeting the
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| eligibility requirements of subsection (a) of Section 20 of this Act and, if married, the gestational surrogate's husband; and
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(ii) by the intended parent or parents meeting
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| the eligibility requirements of subsection (b) of Section 20 of this Act. In the event an intended parent is married, both husband and wife must execute the gestational surrogacy contract;
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(3) each of the gestational surrogate and the
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| intended parent or parents shall have been represented by separate counsel in all matters concerning the gestational surrogacy and the gestational surrogacy contract;
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(3.5) each of the gestational surrogate and the
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| intended parent or parents shall have signed a written acknowledgement that he or she received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the surrogacy agreement;
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(4) if the gestational surrogacy contract provides
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| for the payment of compensation to the gestational surrogate, the compensation shall have been placed in escrow with an independent escrow agent 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); and
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(5) it shall be witnessed by 2 competent adults.
(c) A gestational surrogacy contract shall provide for:
(1) the express written agreement of the gestational
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(i) undergo pre-embryo transfer and attempt to
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| carry and give birth to the child; and
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(ii) surrender custody of the child to the
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| intended parent or parents immediately upon the birth of the child;
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(2) if the gestational surrogate is married, the
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| express agreement of her husband to:
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(i) undertake the obligations imposed on the
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| gestational surrogate pursuant to the terms of the gestational surrogacy contract;
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(ii) surrender custody of the child to the
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| intended parent or parents immediately upon the birth of the child;
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(3) the right of the gestational surrogate to utilize
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| the services of a physician of her choosing, after consultation with the intended parents, to provide her care during the pregnancy; and
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(4) the express written agreement of the intended
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(i) accept custody of the child immediately upon
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(ii) assume sole responsibility for the support
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| of the child immediately upon his or her birth.
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(d) A gestational surrogacy contract shall be presumed enforceable for purposes of State law even though it contains one or more of the following provisions:
(1) the gestational surrogate's agreement to undergo
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| all medical exams, treatments, and fetal monitoring procedures that the physician recommended for the success of the pregnancy;
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(2) the gestational surrogate's agreement to abstain
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| from any activities that the intended parent or parents or the physician reasonably believes to be harmful to the pregnancy and future health of the child, including, without limitation, smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the gestational surrogate's pregnancy, exposure to radiation, or any other activities proscribed by a health care provider;
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(3) the agreement of the intended parent or parents
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| to pay the gestational surrogate reasonable compensation; and
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(4) the agreement of the intended parent or parents
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| to pay for or reimburse the gestational surrogate for reasonable expenses (including, without limitation, medical, legal, or other professional expenses) related to the gestational surrogacy and the gestational surrogacy contract.
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(e) In the event that any of the requirements of this Section are not met, a court of competent jurisdiction shall determine parentage based on evidence of the parties' intent.
(Source: P.A. 93-921, eff. 1-1-05.)
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