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Legal Implications of Surrogacy

Often, couples facing fertility issues turn to surrogacy to grow their family. Surrogacy, however, can introduce a host of legal hurdles.

Illinois law requires the parent-child relationship be formed before the child is born. This is done through forms required by the Illinois Gestational Surrogacy Act and prescribed by the Illinois Department of Public Health. These forms must be submitted to the hospital the child will be born at and the Vital Records department. Second, Illinois law requires at least one of the intended parents also be the child’s biological parent.

If any of the required forms or procedures are incorrectly executed and the surrogate attempts to keep the child, the intended parents will face a difficult legal battle.

Be sure to contact our DuPage, Will, Kendall, or Kane County attorneys if you are contemplating surrogacy to protect your rights as an intended parent.