Yes, Illinois is one of the most surrogacy-friendly states in the U.S., with clear statutory protections for gestational surrogacy agreements under the Illinois Gestational Surrogacy Act (750 ILCS 47). The law explicitly permits compensated gestational surrogacy, distinguishing it from traditional surrogacy, which remains unregulated. The Illinois Department of Public Health (IDPH) maintains a voluntary registry for surrogacy contracts, though compliance is not mandatory. Recent 2026 amendments require pre-birth parentage orders for all surrogacy arrangements, streamlining judicial processes and reducing post-birth legal disputes.
Key Regulations for Surrogacy in Illinois
- Gestational Surrogacy Only: The law permits gestational surrogacy, where the surrogate has no genetic link to the child, but prohibits traditional surrogacy (where the surrogate is the biological mother). Violations may invalidate contracts under 750 ILCS 47/25.
- Pre-Birth Parentage Orders: Courts must issue parentage orders before birth, ensuring intended parents’ rights are recognized immediately. The 2026 amendments mandate standardized forms for these petitions, reducing judicial discretion.
- Compensation Limits: While surrogacy contracts may include reasonable compensation, Illinois caps non-medical expenses at $50,000 unless approved by a court. Excessive payments may trigger fraud investigations by the IDPH’s Surrogacy Oversight Division.
Intended parents must file a surrogacy agreement with the county circuit court within 20 days of execution. Failure to comply risks unenforceability, as outlined in 750 ILCS 47/30. The Illinois State Bar Association (ISBA) provides model agreements, but legal counsel is strongly advised to navigate evolving 2026 compliance requirements.