750 ILCS 47/1
Short title
Short title. This Act may be cited as the Gestational Surrogacy Act. (Source: P.A. 93-921, eff. 1-1-05.)
Illinois Compiled Statutes 750 ILCS 47 — Gestational Surrogacy Act.
Illinois · statute · 750 ILCS 47 · 22 active provisions
750 ILCS 47/5
Purpose
Purpose. The purpose of this Act is to establish consistent standards and procedural safeguards for the protection of all parties involved in a gestational surrogacy agreement in this State and to confirm the legal status of children born as a result of these agreements. These standards and safeguards are meant to faci…
750 ILCS 47/10
Definitions
Definitions. As used in this Act: "Compensation" means payment of any valuable consideration for services in excess of reasonable medical and ancillary costs. "Donor" means a person who provides gametes intended for use in assisted reproduction, whether or not for compensation. "Donor" does not include a person who is…
750 ILCS 47/15
Rights of Parentage
Rights of Parentage. (a) Except as provided in this Act, the woman or person who gives birth to a child is a parent of that child for purposes of State law. (b) In the case of a gestational surrogacy agreement that substantially complies with the requirements set forth in Sections 20 and 25 of this Act: (1) the intende…
750 ILCS 47/20
Eligibility
Eligibility. (a) A gestational surrogate shall be deemed to have satisfied the eligibility requirements of this Act if, at the time the gestational surrogacy agreement is executed, the gestational surrogate: (1) is at least 21 years of age; (2) has given birth to at least one child; (3) has completed a medical evaluati…
750 ILCS 47/25
(Text of Section from P
(Text of Section from P.A. 104-403) Sec. 25. Requirements for a gestational surrogacy contract. (a) A gestational surrogacy contract shall be presumed enforceable for purposes of State law only if: (1) it meets the contractual requirements set forth in subsection (b) of this Section; and (2) it contains at a minimum ea…
750 ILCS 47/26
Effect of subsequent change of marital status
Effect of subsequent change of marital status. (a) Unless a gestational surrogacy agreement expressly provides otherwise, both of the following apply: (1) The marriage of a surrogate after the surrogacy agreement is signed by all parties does not affect the validity of the agreement, the spouse's consent to the agreeme…
750 ILCS 47/27
Termination
Termination. (a) A party to a gestational surrogacy agreement may terminate the agreement at any time before an embryo transfer by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embr…
750 ILCS 47/30
Duty to support
Duty to support. (a) Any person who is a parent of a child pursuant to this Act shall be obligated to support the child. (b) The breach of the gestational surrogacy agreement by the intended parent or parents shall not relieve such intended parent or parents of the support obligations imposed by this Act. (c) (Source:…
750 ILCS 47/35
Establishment of parentage
Establishment of parentage. (a) In the event of gestational surrogacy, in addition to the requirements of the Articles 2 and 3 of the Illinois Parentage Act of 2015, a parent-child relationship is established by operation of law, upon birth of the child, between a person and a child if all of the following conditions a…
750 ILCS 47/36
Establishment of parentage with a substantially compliant agreement
Establishment of parentage with a substantially compliant agreement. (a) A gestational surrogacy agreement that substantially complies with this Act is enforceable. (b)(1) Before, on, or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement substantially compliant with th…
750 ILCS 47/37
Parentage and substantial noncompliance
Parentage and substantial noncompliance. (a) If a gestational surrogacy agreement does not substantially comply with the requirements of this Act: (1) The court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution, taking into account t…
750 ILCS 47/39
Jurisdiction and venue
Jurisdiction and venue. Any judicial proceeding under the Gestational Surrogacy Act is subject to the jurisdiction and venue provisions set forth in Sections 603 and 604 of the Illinois Parentage Act of 2015. (Source: P.A. 104-448, eff. 12-12-25.)
750 ILCS 47/40
Immunities
Immunities. Except as provided in this Act, no person shall be civilly or criminally liable for non-negligent actions taken pursuant to the requirements of this Act. (Source: P.A. 93-921, eff. 1-1-05.)
750 ILCS 47/45
Noncompliance
Noncompliance. Noncompliance by the gestational surrogate or the intended parent or parents occurs when that party breaches a provision of the gestational surrogacy contract. (Source: P.A. 93-921, eff. 1-1-05.)
750 ILCS 47/50
Effect of Noncompliance
Effect of Noncompliance. (a) Except as otherwise provided in this Act, in the event of noncompliance with the requirements of subsection (d) of Section 15 of this Act, a court of competent jurisdiction shall determine the respective rights and obligations of the parties. (b) There shall be no specific performance remed…
750 ILCS 47/55
Damages
Damages. (a) Except as expressly provided in the gestational surrogacy agreement or in subsection (b), if the agreement is breached by the gestational surrogate or one or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity. (b) The breach of the gestational surrogacy…
750 ILCS 47/60
Rulemaking
Rulemaking. The Department of Public Health may adopt rules pertaining to the required medical and mental health evaluations for a gestational surrogacy agreement. Until the Department of Public Health adopts such rules, medical and mental health evaluations and procedures shall be conducted in accordance with the reco…
750 ILCS 47/65
Severability
Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. (Source: P.A. 93-921, eff. 1-1-…
750 ILCS 47/70
Irrevocability
Irrevocability. No action to invalidate a gestational surrogacy meeting the requirements of subsection (d) of Section 20 and Section 25 of this Act or to challenge the rights of parentage established pursuant to the Gestational Surrogacy Act shall be commenced after 12 months from the date of birth of the child.(Source…
750 ILCS 47/75
Application
Application. The provisions of this Act shall apply only to gestational surrogacy agreements entered into after the effective date of this Act.(Source: P.A. 104-448, eff. 12-12-25.)
750 ILCS 47/800
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 93-921, eff. 1-1-05; text omitted.)