The success and achievements of medical technology in the recent years have resulted in many new ways to create a family.  Assisted Reproductive Technology (ART) is becoming one of the fastest growing options for family building. 

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In Illinois we are fortunate to have in place the Illinois Gestational Surrogacy Act, which became effective in 2005. The establishment of this act enabled Illinois to set a basic level of standards and procedural safeguards to ensure the protection of all parties involved in a gestational surrogacy contract.  In addition, the Gestational Surrogacy Act provides guidelines for confirming the legal status of children who are born as a result of these contracts.

In plain language, Illinois is considered one of the more "surrogacy friendly states".  If you meet ALL of the requirements of the Gestational Surrogacy Act and you are working with an Illinois gestational surrogate and the child is born in Illinois then the act allows the Intended Parents' names to go directly on the child's birth certificate without needing any further consent from the surrogate and there is no need to do an adoption.

Although the Gestational Surrogacy Act provides some guidance in this area of law, it does not cover many of the critical components that should be addressed in a well-drafted surrogacy contract. Moreover, given the sensitive nature of these legal agreements, it is critical that clients seek out counsel experienced in surrogacy law that can advise them accordingly.