Legal Framework
Illinois’s 2005 Gestational Surrogacy Act (750 ILCS 47) was groundbreaking when enacted and remains one of the most thorough surrogacy statutes in the nation. The GSA provides explicit authorization for gestational surrogacy agreements, a clear pathway for pre-birth orders, and protections for all parties — intended parents, surrogates, and children. Illinois is one of only a handful of states with a dedicated gestational surrogacy statute enacted before 2010.
Pre-Birth Orders in Illinois
Illinois courts issue pre-birth orders for all intended parent configurations under the GSA. PBOs are available for married couples, unmarried couples, same-sex couples, single parents, and international intended parents. The process is well-established and predictable. Intended parents are named on the birth certificate from birth — no post-birth adoption proceeding is required.
LGBTQ+ Intended Parents
Illinois provides full and equal protections for LGBTQ+ intended parents. Same-sex couples, single parents, and transgender individuals can pursue gestational surrogacy with the same legal protections as all other intended parents. Illinois is one of the strongest states for LGBTQ+ surrogacy in the Midwest.
Working with a Surrogate in Illinois
Illinois has a strong network of experienced reproductive attorneys, fertility clinics, and surrogacy agencies. The Chicago metro area in particular has well-developed surrogacy infrastructure. If your surrogate is based in Illinois, retain an Illinois-licensed reproductive attorney with specific GSA experience to handle your GCA and parental rights process.
Illinois’s 2005 Gestational Surrogacy Act was one of the first comprehensive surrogacy statutes in the US and remains a model for other states.