Gestational Surrogacy is permitted by Illinois Gestational Surrogacy Act, 750 ILCS 47/1 – 47/75. The Act expressly permits gestational surrogacy, sets forth the specific contractual requirements for an enforceable agreement, establishes the legal parental rights of the Intended Parent(s) over any resulting child, and provides that any Intended Parent(s) who comply with and satisfy the statutory requirements are required to be named on the child’s birth certificate.
Pre-Birth and Post-Birth Orders are typically unnecessary, but still available, where the Intended Parent(s) and Gestational enter a valid surrogacy contract and where at least one of the Intended Parent(s) is genetically related to the child. A parentage order must be secured for international intended parents for their parental rights to be recognized and honored in their home country.
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