§ 35 — Establishment of parentage

Illinois § 35

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 750: FAMILIES
• Act 750 ILCS 47/: Gestational Surrogacy Act.

Text

(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 are met: (1) Each intended parent certifies compliance with the eligibility requirements of Section 20. (2) The gestational surrogate certifies compliance with the eligibility requirements of Section 20 and did not provide a gamete for the child, and that the gestational surrogate is carrying the resulting child for the intended parents. (3) A physician licensed in the state in which the pre-embryo was transferred to the gestational surrogate certifies that the pre-embryo that was transferred to the gestational surrogate was not formed with the gamete of the gestational surrogate. (4) The attorneys for the intended parent or parents and the gestational surrogate and spouse, if any, each certify that the parties substantially satisfied the requirements of Section 25 of this Act. (b) All certifications under this Section shall be in writing and witnessed by 2 competent adults who are not the gestational surrogate, gestational surrogate's spouse, if any, or an intended parent. Certifications shall be on forms prescribed by the Illinois Department of Public Health and shall be executed before the birth of the child. All certifications shall be provided, before the birth of the child, to both the hospital where the gestational surrogate anticipates the delivery will occur and to the Illinois Department of Public Health. (c) Parentage established in accordance with this Section has the full force and effect of a judgment entered under this Act. (d) The Illinois Department of Public Health shall adopt rules to implement this Section.

Legislative History

(Source: P.A. 104-448, eff. 12-12-25.)