Is compensated surrogacy legal in Illinois?
Yes. The Illinois Gestational Surrogacy Act, in place for over two decades, explicitly authorizes and governs compensated gestational surrogacy arrangements.
Are pre-birth parentage orders available?
Yes. Illinois law allows a judgment of parentage to be obtained before birth in many cases, and in some circumstances allows the intended parents to be listed directly on the birth certificate without a court order at all, when the statute's requirements are fully met.
What the law requires
Written agreement
A surrogacy contract meeting statutory requirements, executed before medical procedures begin.
Independent legal counsel
Separate attorneys for the surrogate and intended parents.
Medical evaluation
A medical evaluation confirming readiness for the embryo transfer process.
Mental health consultation
Psychological screening as part of the standard process.
"Illinois's statute is one of the most detailed and long-standing in the country — it was essentially a model for how other states later wrote their own surrogacy laws."
What this means for you as a surrogate
Illinois offers one of the clearest, most predictable legal processes for surrogacy in the country. Your independent attorney will confirm exactly how the statute's specific requirements apply to your agreement.