Illinois surrogacy laws and planning route
Gestational Surrogacy in Illinois is permitted by 750 ILCS 47/1 – 47/75.... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
Before acting on Illinois surrogacy law
Use this page to decide who should own the next step — your attorney, clinic, or coordinator.
Confirm the Illinois parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the Illinois route needs a backup jurisdiction.
Talk to our teamThe Illinois law, section by section
Category
Surrogacy-Friendly
Gestational Surrogacy
Illinois allows gestational surrogacy under statute (750 ILCS 47/1-47/75). The law recognizes the intended parents as the legal parents if the statutory requirements are met.
Pre-Birth/Post-Birth Parentage Orders
Illinois does not require a court order before birth if all statutory requirements are completed (certifications filed with the Department of Public Health and the hospital). The birth certificate can be issued directly. If requirements aren’t completed before birth, or if parents choose, a post-birth court order can establish legal parentage.
Who Can Be Declared Legal Parents
- If at least one parent is genetically related: married heterosexual couples (own egg & sperm), married couples using donor sperm or egg, unmarried heterosexual couples (own gametes or using donor gametes), married same-sex couples, unmarried same-sex couples, and single parents (if genetically related) → all yes.
- When no intended parent is genetically related: the administrative process cannot be used. Parents may petition the court under Illinois’s Parentage Act to establish legal parentage either pre- or post-birth.
Venue & Hearing Requirements
Venue is based on the county of the child’s birthplace. If the administrative requirements are met before birth, no court hearing needed. If requirements aren’t completed beforehand, a court hearing is required post-birth.
Same-Sex Parents
Birth certificates list “Co-Parent and Co-Parent.” International same-sex male couples may initially have a certificate listing the biological father and gestational carrier if pre-birth process wasn’t completed. Later, parents can obtain or amend a certificate naming only the biological father(s) and removing mention of carrier.
Birth Certificate Timing
With pre-birth administrative process: 3-5 days at county clerk; by mail: approximately 2-3 weeks
Adoption Options
Couples (heterosexual or same-sex) residing in Illinois can pursue second-parent or stepparent adoption. Marriage not required.
This summary is based on the primary source listed for Illinois. Confirm your situation with a reproductive attorney licensed in that state.
SourceWe coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
How escrow works in Illinois
In Illinois, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.
Become a SurrogatePlanning surrogacy in Illinois?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.
Talk with a reproductive attorney licensed in Illinois before you act on any detail here.
Illinois surrogacy laws and planning route
Gestational Surrogacy in Illinois is permitted by 750 ILCS 47/1 – 47/75.... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
- Legal Status
- Gestational surrogacy permitted under the Illinois Gestational Surrogacy Act (750 ILCS 47/1-47/75).
- Pre-Birth Orders
- Available
- Compensated Surrogacy
- Permitted
- Residency Requirement
- Not Required
Before acting on Illinois surrogacy law
Use this page to decide who should own the next step — your attorney, clinic, or coordinator.
Confirm the Illinois parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the Illinois route needs a backup jurisdiction.
Talk to our teamThe Illinois law, section by section
Category
Surrogacy-Friendly
Gestational Surrogacy
Illinois allows gestational surrogacy under statute (750 ILCS 47/1-47/75). The law recognizes the intended parents as the legal parents if the statutory requirements are met.
Pre-Birth/Post-Birth Parentage Orders
Illinois does not require a court order before birth if all statutory requirements are completed (certifications filed with the Department of Public Health and the hospital). The birth certificate can be issued directly. If requirements aren’t completed before birth, or if parents choose, a post-birth court order can establish legal parentage.
Who Can Be Declared Legal Parents
- If at least one parent is genetically related: married heterosexual couples (own egg & sperm), married couples using donor sperm or egg, unmarried heterosexual couples (own gametes or using donor gametes), married same-sex couples, unmarried same-sex couples, and single parents (if genetically related) → all yes.
- When no intended parent is genetically related: the administrative process cannot be used. Parents may petition the court under Illinois’s Parentage Act to establish legal parentage either pre- or post-birth.
Venue & Hearing Requirements
Venue is based on the county of the child’s birthplace. If the administrative requirements are met before birth, no court hearing needed. If requirements aren’t completed beforehand, a court hearing is required post-birth.
Same-Sex Parents
Birth certificates list “Co-Parent and Co-Parent.” International same-sex male couples may initially have a certificate listing the biological father and gestational carrier if pre-birth process wasn’t completed. Later, parents can obtain or amend a certificate naming only the biological father(s) and removing mention of carrier.
Birth Certificate Timing
With pre-birth administrative process: 3-5 days at county clerk; by mail: approximately 2-3 weeks
Adoption Options
Couples (heterosexual or same-sex) residing in Illinois can pursue second-parent or stepparent adoption. Marriage not required.
Based on the primary source listed for Illinois. Confirm your situation with a reproductive attorney licensed in that state.
Source Illinois Compiled Statutes: Gestational Surrogacy Act (750 ILCS 47)We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
How escrow works in Illinois
In Illinois, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Planning surrogacy in Illinois?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.