Surrogacy Contracts in Illinois: What’s Included and Why it Matters

In Illinois, your surrogacy contract is the most important document you will sign. It is the roadmap for your entire journey, ensuring your medical rights are respected and your financial compensation is secure.

If you want to verify your process is legally compliant, contact a surrogacy specialist to learn more about our agency protocols.

What Should Be Included in a Surrogacy Contract?

Your surrogacy contract defines the interaction between you and the intended parents. In Illinois, this document must be finalized and signed before you begin any medical procedures for the embryo transfer.

The contract covers several key areas:

• Intent and Parentage: This section confirms you are carrying the child for the intended parents and do not intend to be the legal parent. This specific language is required to satisfy the state’s administrative birth order requirements.
• Financial Terms: The contract provides a detailed breakdown of compensation, including base pay, monthly expense allowances, and maternity reimbursements. It also sets requirements for an escrow account so funds are available when needed.
• Medical Expectations: This section outlines the medical protocols you agree to follow, such as IVF medications and prenatal care schedules.
• Liability and Risk: The agreement confirms you are not financially responsible for pregnancy costs or medical complications. The intended parents assume all financial risk for medical bills.
• Conduct and Lifestyle: To support a healthy pregnancy, the contract sets reasonable boundaries regarding travel, diet, and activities.

Are Surrogacy Contracts Enforceable in Illinois?

Yes. The Illinois Gestational Surrogacy Act makes compliant surrogacy contracts valid and enforceable. For your contract to be valid under state law, it must meet specific criteria:

• Timing: It must be signed before the commencement of any medical procedures (other than screening).
• Witnesses: It must be witnessed by two competent adults.
• Independent Counsel: You and the intended parents must be represented by separate, independent legal counsel.
• Evaluations: You must complete a medical and mental health evaluation before signing.

Following these steps allows the intended parents to be named on the birth certificate without a court appearance, provided all certifications are filed before delivery.

What Happens If a Surrogacy Contract Is Breached?

A breach occurs when a party fails to meet a significant obligation in the agreement. Examples include a surrogate failing to follow medical protocols or intended parents failing to fund the escrow account.

If a breach occurs, the contract details specific remedies. Financial consequences are the most common outcome. For example, if a surrogate violates a safety protocol, she may lose specific payments. If the intended parents fail to pay, you have the right to halt medical procedures until the financial issue is corrected.

Understanding Surrogate Compensation in Illinois

Illinois does not place a legal cap on surrogate compensation, allowing you and the intended parents to agree on a fair amount. Your contract will explicitly state the total compensation package and the payment timeline:

• Base Compensation: Your primary fee, typically paid in monthly installments starting after the confirmation of a fetal heartbeat.
• Allowances and Start Fees: Payments to cover incidental costs, such as medication start fees and a monthly allowance for minor expenses like vitamins and mileage.
• Event-Based Payments: One-time payments for milestones like the embryo transfer or maternity clothing allowances.

To keep these payments secure, your contract will mandate that the intended parents deposit the funds into a licensed and bonded escrow account prior to the start of medical treatment.

Medical Rights in a Surrogacy Contract

You never lose your rights to bodily autonomy. Your contract creates a framework for collaboration while respecting your rights as a patient. Key provisions include:

• Provider Selection: The agreement confirms your right to choose your obstetrical care provider.
• Treatment Compliance: You agree to follow the medical advice and protocols prescribed by the fertility clinic and your doctor.
• Information Sharing: You will sign HIPAA releases so the intended parents can stay informed about the pregnancy.

Pregnancy Termination and Reduction Clauses

Illinois has strong laws protecting reproductive rights, and your contract cannot override your bodily autonomy.

The contract outlines the circumstances under which the intended parents would request a termination, such as a severe genetic defect. While the contract can specify financial consequences for refusing a termination request, the court cannot legally compel you to undergo a procedure against your will. Similarly, intended parents cannot force you to carry a pregnancy to term if your health is in danger.

Lifestyle and Travel Restrictions

To protect the health of the baby, your contract includes reasonable limitations on your lifestyle. This includes abstaining from alcohol, nicotine, and illegal drugs.

Travel clauses are also common; you may be restricted from traveling to areas with high medical risks or from leaving the state after 24–28 weeks gestation. This ensures you are close to your delivery hospital when labor begins.

What the Contract Says About Labor and Delivery

The birth plan acts as a guide for the hospital experience to reduce stress for everyone involved. The contract specifies the hospital where you intend to deliver and confirms that intended parents have the authority to make medical decisions for the baby immediately after birth. If you agree to provide breast milk, the contract sets a compensation rate and requires the intended parents to cover all supplies.

Insurance Requirements in an Illinois Surrogacy Contract

Your contract will require a review of your health insurance to see if it covers a surrogacy pregnancy. If it does not, the intended parents are obligated to purchase a separate surrogate-friendly policy for you. Additionally, the contract will require the intended parents to purchase a life insurance policy for you, typically with a benefit of $250,000 or more.

How Surrogacy Contracts Differ: Agency vs. Independent

In an independent journey, you are responsible for ensuring your contract meets the strict criteria of the Gestational Surrogacy Act and for filing the correct certifications with the Department of Public Health. If a step is missed, the administrative process may fail, requiring a court hearing.

Working with an agency provides:

• Screening: We verify that intended parents are financially capable before you match.
• Legal Coordination: We manage the legal clearance process and ensure you have a qualified Illinois attorney.
• Mediation: If a disagreement arises, your specialist acts as a mediator to resolve the issue professionally.

Next Steps for Your Illinois Surrogacy Journey

Your contract is designed to protect your finances and your body so you can focus on a healthy pregnancy. We handle the legal and administrative details to ensure you and the intended parents are united in your goals.

If you are ready to begin a journey in Illinois where your rights are protected, contact us online to speak with a specialist today.