Surrogacy in Illinois: One of the Strongest Statutes in the Country

Last reviewed September 2026. General education, not legal advice — confirm with a licensed Illinois reproductive attorney.

Yes, compensated gestational surrogacy is legal in Illinois — and the statute is one of the most detailed and protective in the United States. If you like knowing exactly what the rules are before you start, Illinois is a good place to be.

What the Gestational Surrogacy Act Requires

The Illinois Gestational Surrogacy Act (750 ILCS 47) sets out eligibility for both sides. To act as a gestational surrogate in Illinois you must:

• Be at least 21 years old.
• Have given birth to at least one child.
• Complete a medical evaluation and a mental health evaluation.
• Have independent legal representation by an Illinois-licensed attorney throughout the arrangement.
• Hold a health insurance policy covering the pregnancy and roughly eight weeks postpartum — the agreement addresses who pays for it.

Intended parents must also be at least 21, experience infertility as defined by the Illinois Insurance Code, complete a mental health evaluation, and retain their own independent Illinois counsel.

Source: 750 ILCS 47/15, 47/20, 47/25 and 47/70; Illinois Parentage Act of 2015, 750 ILCS 46/709.

The Escrow Requirement Every Surrogate Should Know

This is the provision that makes Illinois stand out. If compensation is involved, the statute requires it to be held in escrow with an independent, bonded escrow agent — a bond of at least $1,000,000 — who is not affiliated with either party's attorneys.

In other words, Illinois wrote into law what every surrogate should insist on regardless of where she lives: your money doesn't sit with the agency or with the intended parents' lawyer. If you're being asked to accept anything looser than that, read how escrow is supposed to protect your money and ask harder questions.

Timing and Formalities

• The agreement must be in writing and executed before any medical procedure — the eligibility evaluations are the only exception.
• It must be witnessed by two competent adults.
• Both sides sign written acknowledgments of their legal and financial rights and obligations.

How Parentage Works

Where the agreement substantially complies with the Act, the intended parents are the legal parents by operation of law at birth — no adoption, no waiting. Parties can also obtain a court parentage judgment before or after birth.

Illinois additionally offers a pre-birth certification route under 750 ILCS 46/709: written certifications from the surrogate, her spouse if she has one, the treating physician and the attorneys for all parties, witnessed by two adults and filed with the Illinois Department of Public Health and the delivery hospital. That's what makes the hospital paperwork straightforward on the day.

And a detail worth noting: any challenge to parentage or to the validity of a compliant agreement is barred 12 months after the child's birth. Illinois closes the door on second-guessing.

Questions to Ask Before You Sign in Illinois

1. Who is the escrow agent, are they independent of both attorneys, and can I see proof of the bond?
2. Are we using the pre-birth certification route under 750 ILCS 46/709, and who files it with IDPH and the hospital?
3. Who is my attorney — chosen by me, licensed in Illinois — and who pays for them? (It should not be you.)
4. Is my insurance policy suitable for a surrogacy pregnancy, and who covers premiums, deductibles and any gaps? See how insurance actually works in surrogacy.

Illinois vs. California

Both are strong, and the difference is mostly texture. Illinois is prescriptive: it tells you the evaluations, the witnesses, the escrow bond. California's framework is broader and less conditional — no infertility definition to satisfy, no marital-status or genetic-connection requirement — with a very well-worn pre-birth order process. Compare all of them in our state-by-state map.

We work with surrogates and intended parents nationwide. If you're in Illinois and want a candid read on your options, email info@onfertilityground.com or take the 2-minute quiz — it now tells you what your own state's law means for you before you fill in a single form.

Thinking about carrying in Illinois? Start here: Become a surrogate in Illinois →

General education, not legal advice. Reflects 750 ILCS 47 and 750 ILCS 46/709 as of September 2026. Every journey requires independent counsel for both parties and a licensed Illinois reproductive attorney for any Illinois-based agreement.