Illinois has one of the most detailed surrogacy laws in the country, and it recently got even more inclusive.
Is surrogacy legal in Illinois?
Yes. Illinois allows , where the surrogate carries a baby she isn't related to. The state has had a dedicated surrogacy law since 2005, and it's one of the most thorough in the country.
As of a December 2025 update, neither needs to be genetically related to the baby anymore. That means donor eggs, donor sperm, or both can be used, and the process still works the same way.
Can a surrogate be paid?
Yes. Illinois allows a surrogate to be paid for carrying the pregnancy, not just for expenses.
Before that happens, a few things are required:
- A is signed before the
- The surrogate has her own independent lawyer, paid for by the intended parents
- The surrogate is at least 21, has given birth to a child of her own before, and completes a medical and mental health evaluation
- The surrogate has health insurance that covers her through at least 8 weeks after the birth
How do intended parents become the legal parents?
Illinois uses a simple, mostly paperwork-based process instead of a court hearing. If the surrogacy agreement follows the law's requirements, everyone involved — the intended parents, the surrogate, and the doctor — signs certified statements before the baby is born. Those go to the hospital and the state, and the intended parents are listed directly on the original birth certificate. No adoption and, usually, no court appearance needed.
If an agreement doesn't fully follow the law's requirements, the intended parents may need to go to court instead to establish parentage. Working with an experienced Illinois surrogacy attorney from the start is the best way to avoid that.
A few practical things to know
- Who's covered: married couples, unmarried couples, and single intended parents are all covered by Illinois law, regardless of gender or sexual orientation.
- Timing: the agreement needs to be signed before the embryo transfer — not after.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Illinois insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Illinois updated this law recently, and small details in your situation can change what applies to you.
Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in Illinois. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.