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Illinois Law and Surrogacy

Question: My husband and I are thinking of using a surrogate to carry our child. What does Illinois law say about this option? Answer: The Gestational Surrogacy Act makes Illinois a popular state for couples considering this option. Illinois law states that when a gestational surrogate (one who is the carrier but not the egg provider) gives birth in Illinois, parenthood immediately passes to the intended parents, whether they are traditional or same-sex partners. The parents’ names are on the birth certificate, so there’s no need for the couple to go through the court adoption process after birth.       For more information about Illinois law, visit If you have a legal question, send it to   Illinois Law Now is a series of newspaper and internet posts prepared by the Illinois State Bar Association that address legal issues of interest to the public. For additional information about the law, visit