This text of Illinois § 36 is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 this Act, a party to the agreement may commence an action in the circuit court for entry of a parentage judgment. The requested parentage judgment may be issued before or after the child's birth as requested by the parties. Either the gestational surrogate or the intended parent may bring the action. If the action is brought prior to all certifications required by Section 35 being filed, all parties must receive notice of such action.
(2)A petition shall include:
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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 this Act, a party to the agreement may commence an action in the circuit court for entry of a parentage judgment. The requested parentage judgment may be issued before or after the child's birth as requested by the parties. Either the gestational surrogate or the intended parent may bring the action. If the action is brought prior to all certifications required by Section 35 being filed, all parties must receive notice of such action. (2) A petition shall include: (A) a copy of the executed gestational surrogacy agreement; (B) the certification of the assisted reproduction physician under Section 35; and (C) certifications from the attorneys representing the intended parent or parents and the gestational surrogate and spouse (if any) under Section 35. A petition supported by such certifications shall be sufficient to establish parentage and a hearing shall not be required unless the court requires additional information which cannot reasonably be ascertained without a hearing. (3) Upon a finding by a preponderance of the evidence that the petition satisfies paragraph (2) of subsection (b), a court shall no later than 30 days from the filing of the petition, issue a judgment of parentage. (4) The court shall issue a judgment: (A) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately upon the birth of the child exclusively in each intended parent; (B) declaring that the gestational surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child; (C) if necessary, ordering that the hospital where the child will be or has been born, treat the intended parent or parents as the sole legal parent or parents for all purposes; (D) designating the content of the birth record and directing the Department of Public Health to designate each intended parent as a parent of the child, if such record has not yet been established or needs to be amended; (E) if necessary, ordering that the child be surrendered to the intended parent or parents; and (F) for other relief the court determines proper. (5) To protect the privacy of the child and the parties, all records related to such action shall be impounded. (6) The Department of Public Health, the town or city clerk, and the hospital where the child is born or is intended to be born shall not be necessary parties to a proceeding. (7) Parentage judgments issued under this Section shall conclusively establish the parent-child relationship for all purposes.