Legal note: This page is educational only. Illinois reproductive counsel should apply the current Act to the specific agreement, intended parents, surrogate and planned treatment.
Current statutory framework
The Illinois Gestational Surrogacy Act establishes standards and procedural safeguards for gestational-surrogacy agreements and the legal status of children born through those agreements. Because the statute was amended in 2025, current planning should use the post-amendment text rather than relying on older descriptions of the Act.
Agreement requirements matter
The Act contains detailed requirements governing the parties and the gestational-surrogacy agreement. Intended parents and the gestational surrogate should use lawyers who work with the current Illinois statute and coordinate the agreement timing with the fertility clinic.
Right to terminate before embryo transfer
Under current 750 ILCS 47/27, a party may terminate the gestational-surrogacy agreement before an embryo transfer by giving notice in a record to the other parties. If a transfer does not result in pregnancy, the statute also addresses termination before a later transfer. The financial consequences depend on the agreement and the statute.
Parentage and procedure
The Act provides a statutory framework for establishing intended parentage when its requirements are satisfied. This page does not promise a particular court order, filing sequence or birth-record result for every family. Illinois counsel should confirm the procedure that applies to the specific case.
No ranking or pricing claim
We do not label Illinois a “best” or “most friendly” state and do not infer compensation levels from the statute. The useful fact is that Illinois has a dedicated current statute; whether it is the right jurisdiction for a particular family depends on the facts of that journey.
Planning beyond the legal framework
Legal fit is only one part of the decision. Intended parents may also want to compare how state can affect surrogacy cost, understand agency-fee structures, review ways to find available surrogates, and use the broader surrogate-finding guide.
Related: all state legal guides · surrogacy legal process · choosing a surrogacy agency